By Myrna Trauntvein
Times-News Correspondent
Which is most important, a ball game or city council
meeting?
What if you are the coach and believe that volunteers
make the world a better place?
That was the dilemma on Tuesday, May 6, the night of
Nephi's City Council meeting. When it came time for the
meeting to start, at 7:30 p.m., there were only three of the
five council members present and there was not a mayor.
The mayor, Chad Brough, is a Little League coach and
so is council member and mayor pro tem, Kent Park. Jim
Wilkey, council member, has a son playing ball.
Other questions of legality then arose.
Is it legal to hold a meeting without a mayor? The
mayor, acts as chair for the meeting, but only has a vote in
case of a tie.
"Perhaps you (council members) could select a mayor
pro tem to stand in for the mayor pro tem for tonight,"
suggested Randy McKnight, city administrator.
Did they have a quorum so they could vote on business
and award contracts? Can the mayor pro tem vote or not? If
not, did the council still have a quorum?
All of these questions were important because the
award of bids on the golf course irrigation system and
approval of the contract and the approval of the contract
for engineering services on phase one of the airport
construction were items of business.
It was suggested that Brent Bowles, who has been a
mayor pro-tem, be elected to the position for the
evening.
Council members Mike Jones and Greg Rowley voted in
favor.
"Is that legal?" asked Jones.
The position of mayor pro tem, in Nephi, is an
appointment made by the mayor and is not, usually, an
elected position. The mayor, by right of his election to
that position, has the obligation to appoint the person on
the council who he thinks will best fill his shoes if he is
absent.
The council ratifies the selection.
However law states that, "In the event of the absence,
vacancy in office or inability of both the mayor and
vice-mayor to perform their duties, the council may appoint
one of its members to serve as mayor pro tem. The mayor pro
tem shall temporarily act in the capacity of an acting
mayor."
Any person serving as an acting mayor under this
provision continues to hold office as a member of the city
council and, as such, may vote.
According to Roberts Rules of Order, "A quorum of an
assembly is such a number as must be present in order that
business can be legally transacted. The quorum refers to the
number present, not to the number voting."
For Nephi City Council, the majority is two-thirds of
the members or three of five.
After the conclusion of council meeting, an executive
session was held on personnel issues and property
acquisition and disposal.
Park arrived as that portion of the meeting was
beginning, Wilkey and Brough soon after.
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