Title
Adopt an ordinance amending Section 2.04.180 of the Monterey County Code to require that a Board of Supervisor abstention vote count as an abstention and not as a vote of the majority.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt an ordinance amending Section 2.04.180 of the Monterey County Code to require that a Board of Supervisor abstention vote count as an abstention and not as a vote of the majority.
SUMMARY/DISCUSSION:
On May 29, 1979, the Board of Supervisors adopted Ordinance No. 2523, codified at Chapter 2.04 of the Monterey County Code, to set forth the rules for conduct of meetings, business and hearings of, and prescribing formula setting compensation of Chairperson and other members of the Board of Supervisors of the County of Monterey. Supervisor Church submitted Referral No. 2024.09 concerning Monterey County Code section 2.04.180 that sets the roll call procedure for the Board of Supervisors (Attachment A). In relevant part, Section 2.04.180 states: "In the event a member abstains from voting, his or her vote shall be counted as a vote with the greater number voting for or against a motion, resolution, etc." Referral No. 2024.09 requested an amendment to Section 2.04.180 to allow a Supervisor's abstention vote to be recorded as an abstention rather than being counted with the majority decision.
On August 13, 2024, the Board of Supervisors considered Referral No. 2024.09. The Board directed the Office of the County Counsel to return with an ordinance to amend Section 2.04.180 on abstention voting. Staff now returns with a draft ordinance for the Board's consideration (Attachments B/C). The amended language provides that in the event a member abstains from voting, his or her vote shall be counted as an abstention, and shall not be counted as a vote with the greater number voting for or against a motion, resolution, etc. Such language is consistent with Robert's Rules of Order and other local governme...
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