HomeMy WebLinkAbout03/23/2015 Special Meeting 190
YAKIMA CITY COUNCIL
SPECIAL MEETING
March 23, 2015
City Hall -- Council Chambers
9:30 a.m. Special Meeting regarding Montes and Arteaga v. City of Yakima -- MINUTES
1. Roll Call
Council: Mayor Micah Cawley, presiding, Assistant Mayor Kathy Coffey, Council Members
Maureen Adkison, Tom Dittmar, Rick Ensey and Bill Lover
Staff: City Manager O'Rourke, City Attorney Cutter and City Clerk Claar Tee
Absent: Dave Ettl (excused)
2. Council Rules and Procedures Issue
City Attorney Cutter reported Council Member Ettl is out of the state and understands it is his
desire to participate in the meeting via telephone. Mr. Cutter stated he reviewed the Council's
Rules and Procedures, which requires members be present. In addition, he reviewed an opinion
from Municipal Research and Services Center (MRSC), which stated there is no violation of state
law if a member participates via two -way communication. He suggested that Council make a
motion to allow Council Member Ettl to attend via telephonic communication and vote on any
issues.
Assistant Mayor Coffey believes this is a good point and their rules should be amended. Mayor
Cawley reported he talked to Council Member Ettl this morning, and he is not available to
participate by phone.
Motion: Coffey moved and Ensey seconded to accept the recommendation that participating
via telephone be allowed. Council Member Adkison asked if this change is for this meeting only
or all meetings. Assistant Mayor Coffey confirmed it would be for all meetings. The motion failed
by a 3 -3 vote with Adkison, Dittmar and Lover voting no, Ettl absent.
3. Consideration of Montes and Arteaga v. City of Yakima and action that may be taken in the case
Mayor Cawley stated he would prefer to have a discussion with Council on the issue in an
executive session as they haven't discussed it since the previous meeting.
Motion: Cawley moved and Adkison seconded to adjourn to an Executive Session on
pending litigation for 30 minutes. The motion failed by a 3 -3 vote with Coffey, Ensey and Lover
voting no, Ettl absent.
Council Member Adkison stated she spoke with Council Member Ettl who couldn't be here today or
be in touch by phone and he asked her if this could be postponed for a few days until all members
could attend. Council Member Lover noted they have had other significant votes without the full
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Council. Council Member Ensey added that once a full Council is present the vote could be
reversed.
Motion: Dittmar moved and Ensey seconded to postpone consideration on this issue until
the full Council is present. The motion carried by a 5 -1 vote, with Lover voting no, Ettl absent.
Mayor Cawley asked Legal Counsel Frances Floyd (via speakerphone) if he had anything to add.
Mr. Floyd asked that the issue not be discussed until the full Council has the opportunity to meet.
Motion: Dittmar moved and Adkison seconded to have an Executive Session on the issue
on Friday or at the next available time all Council members are present. The motion carried
by unanimous vote, Ettl absent.
Council Member Lover advised he will not be available on Friday, March 27, 2015.
4. Adjournment
Motion: Ensey moved and Dittmar seconded to adjourn to April 7, 2015 for the next Council
Business meeting at 6 p.m. at City Hall. The motion carried by unanimous vote, Ettl absent. The
meeting adjourned at 9:43 a.m.
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