(1/12) In his last official act as a member of the Town Council, Commissioner Michael Bailey proposed language to the section of the Town Charter regarding the meaning between ‘participation’ and ‘attendance’ with respect to town council meetings and their implications.
It was the difference in interpretation of the intent of the current language in the town charter that has led to the discontent felt by many in the town following the decision of the Town Council to remove Commissioner Michael McNiesh for failing to ‘attend’ three council meetings in a row. While McNeish did ‘participate’ virtually, he was by definition, not present physically, and therefore, according to the Charter unable to vote, and thus being marked down as not being in ‘attendance’.
In purposing language to prevent a future misinterpretation, Bailey said: "the last few months have be a little tumultuous, had has caused me to sit and think about everything that has happened. Knowing me, I’m a literalist, and I know one of our big points of contention during the pubic hearing was the ‘intent of the law’ versus the way the law, or the charter is written."
Bailey changes, to section C.3-7 of the town Charter, Meetings of Commissioners, would change the word ‘attendance’ under Part A to ‘participation’. The restricted sentence would then read – ‘Meeting participation will be allowed by telephone or video conference call format in the event the Burgess or Commissioner is unable to attend the meeting in person.’
Under A.1, Compensation for Absences. Bailey suggested language be added to clarify that while Commissioners not physically present may join in on discussion, they are prohibited form casting votes, and will not be counted as present in regards to Section 3.10, Determining of Quorum. Bailey then added a part 2 that says "any Commissioner of Burgess participating via telephone or video conference pursuit to this section is also to consider to have failed to attend the meeting unless excused … per the Forfeiture of Office Clause."
In reflecting on the rational for his changes, Bailey said "the more I think about what we do as a legislative body the more I think it is important to for us to be present when we are able to be present. If we have conflicts and need to be excused – that is one thing – but I think that part of the legislative process in representing our constituents is that it is important that our constituents can come sit before us and look at the whites of eyes, read our body language, and speak to us in person.
"This [the charter change] does two things. It tightens up the code but it still allows people, that have an absence, they can request to be excused. But we close [the loop hole’ where if they call in it is considered being present for the meeting."
The resolution is schedule for a public meeting at the January 25th Town Council meeting.
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