07/02/1980 Meeting Minutes - Laserfiche WebLink

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~`~~ There being .no further comments, the open portion of the meeting closed. Mr. Bennett asked Council for their personal opinions. Mr. Carmen. stated he would like the Law Director's legal opinion: the Codified Ordinances state that no special meeting can be held witYiotzt 24 hours notice unless it is considered to be an emergency. Is this an emergency? Mr. Avery questioned when~the notices had been sent out. Mr. Bennett replied at 3:00 yesterday (7/1/80). Mr. Avery stated the Charter says 12 hour notice, Ordinance says - 18 hrs. which is incorrect as an ordinance cannot override the Charter. The Sunshine Law came in later, therefore, Mr. Carmen is correct re the 24 hour notice and it is up to Mr .. Bennett, since he called the meeting to determine if this is an emergency. Mr. Bennett felt it was up to the Law Department to determine if it is in fact an .emergency. Mr. Avery and Mr,_C.armen reviewed the .codified ordinances to .see if an "emergen'cy" is defined. There was~~no definition. , Mr. Avery said he had spoken to Mr. Bennett on the phone last evening and it is his opinion that his Assistant's advice re the resignation letter ,is in conflict with his interpretation of when , the registration becomes effective. Both opinions are in a sense correct but in order to avoid any possible, contradictions ,at a future date, . he recommended the date of: June 2'5, ,1.980 be used as that ~is when Council accepted the resignation officially. Mr. Carmen stated in~that case there are, three. weeks remaining until Council would have to make their appointment. It would behoove this Council to solicit the residents as to whom they would choose. Mr. Carmen stated Yie would not feel comfortable making a decision until he is able to contact the residents on their views. A meeting held at 9:00 A.M. ~:oes not give the public ample time to voice their opinion and as a representative of the people he can not honest say he is voting for what they want. Mr. Avery agreed that the meeting .is not an emergency but if Council desires to call a meeting tomorrow, notice .to the news media would determine the official time for a meeting tomorrow. It is legal to give them notice by phone. Mr. Bennett stated his main concern was to appoint a replacement in the legal time frame established by Mr. Boger's resignation. He now has two opinions that are correct; the Charter says 12 hours for a meeting notice and 30 days to appoint a replacement. Mr. Carmen commented the Charter way. adopted in 1975 and the Sunshine Law a year later. Since Council has until the 25th of July, he would like to do some homework .on the matter and. would hope the other members of Council would like to do the same in - order to better represent the people.