CITY ATTORNEY SAYS CITY COUNCIL IS NOT OBLIGATED TO FALLOW PARLIAMENTARY RULE..
By, Peter Ripley Publisher.
Before I start in, I was about to come in ready to put the hammer down on my old pal Lee Whetham for in essence taking over a meeting which was not properly adjourned by the Roberts Rule of Order. I actually took the time and called the city attorney Bill Blore on Wednesday morning, and asked him if any council members that stayed after Cherie Kidd out of frustration adjourned the meeting without properly calling for a motion to adjourn, violated any ethical conduct rules. He told me that after the meeting was adjourned people had the right to stay and talk after the meeting, he told me he didn't object to what was going on after the meeting. Okay, fair enough, but still those who chose to remain, should have done the right thing, and adjourned the meeting properly, since later in the week Lee Whetham express his concerns over proper protocol procedures weren't kept. In fact, during that interview he gave to the PDN on Thursday, he could have asked the meeting be reconvened, and be adjourned properly, if that was real intent in mentioning that Roberts weren't followed.
Now on Wednesday, after I read about Cherie Kidd marching out of the city chambers along with most of the council members in tow, after she adjourned. I posted a comment in the Peninsula Daily News Face book page. Questioning the legality of someone who wasn't mayor, or even deputy mayor for that matter taking over the proceedings of that adjourned meeting. This was before I spoke to Blore who said no legal issues were violated, and people have the right to talk after the meeting was adjourned. Anyway, someone must have been paying attention, in the PDN, or someone must have informed Whetham of what I said, because the very next day the PDN ran the story about the Robert Rules of order! Consistence? Make me wonder though! So, yes I had to actually back the pony train on coming down on Whetham on this one. But, the question remains if he was concern over Robert Rules of Order being enforced, he should have demanded that the meeting be adjourned properly during that time, not wait until days later, right?
Now, for Kidd's part in this. During our little coffee chat back a couple of months ago, Kidd said she didn't take no for answer, or being insulted. She said, "I may disagree with what you say, but I would never call you names or insult you."
All I have to say readers, is that respect cuts both ways. Yes, we live in a republic, but we are also a democracy. You have to show respect to the will of the majority who voted to put an end to fluoridation, you can't just callously disregard the peoples will. You have to follow proper protocol during meetings, both those who are in office, and those who aren't must obey rules during meetings. Neither side of the argument is heard when chaos erupts. Mutual respect is earned, but I think in this case the city council has lost some of that respect after the antics Tuesday evening.
Now I'll post (Editorial notes under key article headlines as usual)
Roberts rules of order: Art. III. Privileged Motions.
http://www.rulesonline.com/rror-03.htm#17
Quote: This motion when privileged takes precedence of all others, and is in order even after it has been voted to adjourn, provided the chairman has not declared the assembly adjourned. It can be amended, and a vote on it can be reconsidered. When the assembly has no fixed place for its meetings, this motion should include the place as well as the time for the next meeting, and in this case the place is subject to amendment as well as the time. When the assembly meets at the time to which it adjourned, the meeting is a continuation of the previous session. Thus, if the Annual Meeting is adjourned to meet on another day, the adjourned meeting is a legal continuation of the Annual Meeting.
Art. X. The Officers and the Minutes.---Roberts Rules of order
Quote: In case of fire, riot, or very serious disorder, or other great emergency, the chair has the right and the duty to declare the assembly adjourned to some other time (and place if necessary), if it is impracticable to take a vote, or in his opinion, dangerous to delay for a vote.
http://www.rulesonline.com/rror-10.htm
Related stories
Quoting from article posted: After the meeting was adjourned, Councilman Lee Whetham encouraged comments, taking charge of the session as he stood behind the dais with other anti-fluoridation council members Sissi Bruch and Michael Merideth.
Editorial Note: Whetham should have demanded the meeting be adjourned properly before Kidd went ahead out of frustration adjourning that meeting. Not wait and talk about it in a news article 2 days after the meeting.
Quote from the article posted: Bloor said Thursday the City Council is not legally obligated to follow Robert Rules. Under the council rules of procedure, those rules specifically give to the mayor the ability to control and limit and cut off public comments, Bloor said."
Editorial Note: It's Ironic this story appeared in the PDN just a day after I posted a comment in their face book page. Consistence? Some would say yeah Ripley, it was! Sure you betcha!
In other local news headlines...
County commissioner seeks data, progress report from Clallam Economic Development Corp.--PDN
Port Angeles representative appointed to trust lands committee---PDN
Port Angeles council allocates money to Economic Development Corp.
Port of Port Angeles commissioners to discuss appointment process Friday
City of Sequim Roundup: Sequim looks to recruit new full-time attorney---Sequim Gazette
INTO THE HOME STRETCH---FORKS FORUM
NEWS FROM ACROSS THE STRAIT
Tent city residents offered 88 units of housing, with meals and supports---TIMES COLONIST/ VICTORIA BC
Victoria to receive up to 400 Syrian refugees this year--TIMES COLONIST/ VICTORIA BC
Syrian refugees slowly trickling into Victoria---VICTORIA NEWS/ VICTORIA BC
WHAT'S ON TAP FOR NEXT WEEK
PORT COMMISSION TO SET MEETING DATES AND TIME...(back to Mondays)
PORT COMMISSION HIGHLIGHT AGENDA ITEMS: Motion: Introduce Resolution No. 16-1124 Establishing the Date, Time and Place of Regular Port Commission Work Sessions as the 2nd and 4th Monday of the month starting at 9:00 a.m. at the Port Administration building.
Amending Bylaws: In the event of a vacancy in the office of Port Commissioner by death, resignation or otherwise, such vacancy shall be filled within sixty (60) days of the creation of such vacancy pursuant to RCW 42.12.070 as presently codified or hereafter amended. If at
any time there are such number of vacancies that a majority of the full number of
Commissioners fixed by law are not in office, the Clallam County Commissioners shall
within thirty (30) days of such vacancies appoint the number of Commissioners
necessary to provide a majority. The Commissioners thus appointed shall then within
sixty (60) days of their appointment meet and appoint the number of Commissioners
needed to complete the Commission ad interim through the next general election
pursuant to RCW 42.12.070 as presently codified or hereafter amended. The statute
presently provides that each person who is appointed shall serve until a qualified person
is elected at the next election at which a member of the Commission normally would be
elected that occurs twenty-eight or more days after the occurrence of the vacancy.
See full agenda: http://www.portofpa.com/AgendaCenter/ViewFile/Agenda/02092016-128?html=true
* Now that the Port is thinking of having the meetings back on the second and forth Monday of the month, will Jim Hallet reconsider his plan resignation? Doesn't look like it, perhaps there was another reason then for him resigning other than a squabble over meeting schedules?
COUNTY COMMISSION MEETING HIGHLIGHT ITEM: Treasurer’s 2016 Tax and Timber Report
See full agenda: http://websrv7.clallam.net/forms/uploads/bocc_meeting_agenda.pdf
Agenda item details: http://websrv7.clallam.net/forms/uploads/bocc_meeting_packet.pdf
CITY OF SEQUIM MEETING AGENDA ITEM: Resolution No. R2016-04 to Create a Community Sign Policy
See full agenda: http://www.sequimwa.gov/ArchiveCenter/ViewFile/Item/1331
CITY OF FORKS TO FILL POSTION ON COUNCIL NEXT MEETING:
DAILY DEVOTIONAL
He who follows righteousness and mercy Finds life, righteousness, and honor.
Proverbs 21:21 NKJV
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