MADISONVILLE, KY (1/20/12) - The Madisonville City Council has scheduled a called meeting for January 23rd at 8:00 a.m. in Mayor's Conference Room, 67 N. Main, to vote for a replacement for Dallas Cunningham. The Council elected Mark Lee to fill the unexpired term. However, according to Gina Munger, the city clerk and treasurer, the vote was by secret ballot by the 5 council persons. This is in violation of Kentucky Revised Statute. Here is the email from Munger:
Joe Evans advised me today the Attorney General’s Opinion states: 91-196 status “The stature requires that the Minutes of the meeting show how each member voted …When final action is taken by a public agency in open session, the vote cannot be by secret ballot, it must be recorded in the Minutes how each member voted.”
Joe Evans is the City Attorney. In the call for the meeting, it states that the council will be voting on only two people. There were six people that applied.
Under Roberts Rules, for a person to be nominated requires a motion and a second. The nomination process must also be in a public meeting. Since the call only includes the two persons, the council cannot consider other applicants and they cannot make other nominations. The following is the announced agenda for the called meeting and it cannot be changed without proper, prior notification.
Roll call vote on nominations of Mark Lee and Frank Versnick to serve the remaining term of former council member Dallas Cunningham.
Announcement of new council member
Since the vote was by secret ballot, the outcome could change. A council person would not have to vote the same way.
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