voting on a Mayoral appointment

[Guest A Leahy]

We are a fourth class city in Missouri.

The Municpal Code authorizes the Mayor to select a new Chief of Police; with the approval of the majority of the  Board of Aldermen.

The city has 8 Aldermen and all are in attendance.

 

Prior to the vote the question is raised "what constitutes the "majority of the Board of Aldermen" to pass this selection.

Would it be 5 votes of the eight; or would the Mayor be allowed to vote to break a tie; if a 4-4 vote of the Board is made?

 

Since this is an appointment; and the Mayor has already made his selection; would allowing him to vote to break a tie; allowing the Mayor to vote twice?

 

 

[Josh Martin]

We are a fourth class city in Missouri.

The Municpal Code authorizes the Mayor to select a new Chief of Police; with the approval of the majority of the  Board of Aldermen.

The city has 8 Aldermen and all are in attendance.

 

Prior to the vote the question is raised "what constitutes the "majority of the Board of Aldermen" to pass this selection.

Would it be 5 votes of the eight; or would the Mayor be allowed to vote to break a tie; if a 4-4 vote of the Board is made?

 

Since this is an appointment; and the Mayor has already made his selection; would allowing him to vote to break a tie; allowing the Mayor to vote twice?

 

Interpreting your city's municipal code is well beyond the scope of this forum.

 

So far as RONR is concerned, the chair (if a member of the assembly) is free to vote to break a tie, and no, I don't think the fact that he appointed this person would mean he is voting twice if he votes to break a tie, but the rules in the city's municipal code may well provide otherwise on these points.

 

Since you seem to anticipate that all of the aldermen will be present and voting, I don't think the nuances of what exactly "the majority of the Board of Aldermen" means matters much.