City of Manassas, Virginia City Council Meeting AGENDA City

City of Manassas, Virginia City Council Meeting

AGENDA

City Council Town Hall Manassas Airport Main Terminal Lobby 10600 Harry J. Parrish Boulevard Manassas, VA 20110 Monday, September 21, 2020

Call to Order - 7:00 p.m.

Roll Call

1. Town Hall Topics

1.1 Public Hearing: Charter Amendment Charter Amendment Public Hearing

1.2 Grant Avenue Update

2. Public Comment

Adjournment

City Council City Council Town Hall September 21, 2020 Page | 1 1 CITY CHARTER ISSUE

THE MAYOR’S ABILITY TO BREAK TIE VOTES

Current Charter Provisions

Sec. 8. - General duties; right to vote. The mayor shall preside at the meetings of the council and perform such other duties as may be prescribed by this charter and by general law, and such as may be imposed by council, consistent with his office. The mayor shall have no right to vote in the council except that in every case of a tie vote of the council, the mayor shall vote to break the tie not later than the next regular council meeting.

Sec. 13. - Quorum; required vote for appropriation of money or levy of taxes or licenses; reconsideration, at special meeting, of matters decided at stated meeting. Three members of the council shall constitute a quorum for the transaction of business. No ordinance shall be passed or resolution adopted having for its object the appropriation of money exceeding the sum of five hundred dollars, or the levy of taxes and licenses, except by the concurrence of at least four members. No vote or question decided at a stated meeting shall be reconsidered at a special meeting unless all members are present, and three of them concur.

Virginia Constitution

Article VII. Local Government Section 7. Procedures No ordinance or resolution appropriating money exceeding the sum of five hundred dollars, imposing taxes, or authorizing the borrowing of money shall be passed except by a recorded affirmative vote of a majority of all members elected to the governing body. In case of the veto of such an ordinance or resolution, where the power of veto exists, it shall require for passage thereafter a recorded affirmative vote of two-thirds of all members elected to the governing body.

On final vote on any ordinance or resolution, the name of each member voting and how he voted shall be recorded.

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Proposed Charter Amendment

2 The prevailing interpretation is that the Mayor can vote to break all tie votes of the City Council, except for matters requiring “the concurrence of at least four members” under City Charter Section 13. If Council wants to continue under that interpretation the following clarifying Charter amendments could be requested from the General Assembly:

Sec. 8. - General duties; right to vote. The mayor shall preside at the meetings of the council and perform such other duties as may be prescribed by this charter and by general law, and such as may be imposed by council, consistent with his office. The mayor shall have no right to vote in the council except that in every case of a tie vote of the council, except for tie votes of the council on those matters requiring the concurrence of four members of council pursuant to Section 13, the mayor shall vote to break the tie not later than the next regular council meeting.

Sec. 13. - Quorum; required vote for appropriation of money or levy of taxes or licenses; reconsideration, at special meeting, of matters decided at stated meeting. Three members of the council shall constitute a quorum for the transaction of business. No ordinance shall be passed or resolution adopted having for its object the appropriation of money exceeding the sum of five hundred dollars, or the levy of taxes and licenses, except by the concurrence of at least four members of the council. No vote or question decided at a stated meeting shall be reconsidered at a special meeting unless all members are present, and three of them concur.

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Alternative Proposed Charter Amendment

If Council wants to allow the Mayor to break all tie votes of the council, including tie votes on those matters referenced in Section 13 of the Charter, the following Charter amendments could be requested from the General Assembly:

Sec. 8. - General duties; right to vote. The mayor shall preside at the meetings of the council and perform such other duties as may be prescribed by this charter and by general law, and such as may be imposed by council, consistent with his office. The mayor shall have no right to vote in the council except that in every case of a tie vote of the council, including tie votes of the council on those matters requiring four affirmative votes under Section 13, the mayor shall vote to break the tie not later than the next regular council meeting.

Sec. 13. - Quorum; required vote for appropriation of money or levy of taxes or licenses; reconsideration, at special meeting, of matters decided at stated meeting.

3 Three members of the council shall constitute a quorum for the transaction of business. No ordinance shall be passed or resolution adopted having for its object the appropriation of money exceeding the sum of five hundred dollars, or the levy of taxes and licenses, except by the concurrence of at least four members, which may include the mayor in the event of a tie vote by the council. No vote or question decided at a stated meeting shall be reconsidered at a special meeting unless all members are present, and three of them concur.