1979-404RESOLUTION NO. 79R -404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING A RULE OF PROCEDURE
WITH REGARD TO ABSTENTIONS
WHEREAS, the City Council currently has no rule
of procedure regarding the legal effect of abstentions
from voting on issues before the City Council; and
WHEREAS, the City Council desires to adopt a
procedural rule regarding the legal effect of abstentions
in order to avoid, where possible, situations in which the
City Council is prevented from acting due to such
abstentions.
NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Anaheim does hereby adopt the follow-
ing rule of procedure for all matters before the City Council:
"In the event that one less than the necessary
number of 'aye' votes required to pass any motion,
resolution, or ordinance has been cast (including,
where applicable, any tie vote situation), then any
'abstain' vote or votes shall constitute concurrence
and the City Clerk shall set forth in the minutes
that the matter was passed pursuant to this rule;
provided, however, that this rule shall not apply
where the abstention was legally required because
of a conflict of interest within the meaning of the
Political Reform Act of 1974."
THE FOREGOING RESOLUTION is approved and adopted
by the City Council of the City of Anaheim this 10th day of
July, 1979.
ATTEST:
T Y LERK O THE CITY OF ANAHEIM
JLW:jh
,l
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 79R -404 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 10th day of July, 1979, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 79R -404 on the 10th day of July, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of July, 1979.
CITY CLERK OF THE CITY 0 ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 79R -404 duly passed and adopted
by the Anaheim City Council on July 10, 1979.