Guest Elizabeth Hebert Posted January 14, 2019 at 10:42 PM Report Share Posted January 14, 2019 at 10:42 PM I recently attended our town meeting. At this meeting they needed to reappoint the Town Clerk, Lawyer, Auditing firm, Town Superintendant and Town engineer. They presented it to the council as a package vote. Is this legal? I feel each position should be voted on so that the citizens see who is voting for whom. Also at the meetings the mayor will say all in favor say I. Some don't even raise their hand or open their mouth but is counted as saying yes. Is this legal? Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 14, 2019 at 10:53 PM Report Share Posted January 14, 2019 at 10:53 PM We can't speak as to "legal" here and for a legal answer you would need to ask a lawyer. However, generally speaking (subject to applicable rules or law) a member of the Council can demand that the question of each appointment be considered separately (RONR pp. 274-275). Also, I strongly suspect that counting anyone who abstains (doesn't vote one way or another) as a "yes" vote is not proper but you will need to look to any applicable rules and laws to know for sure. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted January 15, 2019 at 03:49 AM Report Share Posted January 15, 2019 at 03:49 AM I'm not convinced that those who are silent are being counted as voting Yes. Assuming that the chair is calling for the negative vote, it is likely that those indicating Yes are more than those indicating No. That is all that is required and makes no assumption about those who are silent. I have seen this occur on several municipal councils and their subsidiary boards/committees. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 15, 2019 at 04:08 AM Report Share Posted January 15, 2019 at 04:08 AM 5 hours ago, Guest Elizabeth Hebert said: Also at the meetings the mayor will say all in favor say [Aye]. Some don't even raise their hand or open their mouth but is counted as saying yes. Is this legal? 1 If, as you describe it, this is a voice vote, and the chair announces "The Aye's have it," how do we know that those who kept silent were "counted" as saying yes when it was not a "counted" vote? Quote Link to comment Share on other sites More sharing options...
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