What at first seemed destined to be a quick vote to appoint a Second Ward city councilmember was quickly derailed into a wrangle over interpretation of the city’s charter Friday afternoon.

Friday, January 21, 2000

What at first seemed destined to be a quick vote to appoint a Second Ward city councilmember was quickly derailed into a tussle over interpretation of the city’s charter Friday afternoon.

At issue was whether the mayor should be voting in council appointments. Bringing the issue to light was Third Ward councilman Dick Lang. Mayor Bonnie Rietz announced the situation as soon as the special council meeting began.

"We have a predicament," Rietz said, noting that Lang had challenged the mayor’s right to vote in the situation of an appointment. She cited her past history as a councilmember under former Mayor John O’Rourke, whom she said voted in appointments, as the precedent she had always followed.

Lang cited passages in the city charter which stated that the mayor should not vote on any question. City attorney David Hoversten cited passages which said these votes should be decided by a vote of common council – sometimes defined as mayor and council together, and other times only as the city council.

"I’d like to throw it open to council," Rietz said, asking the council to vote on that one appointment, as to whether the mayor should vote. The council voted 4-2 that she should, with nay votes coming from Dick Chaffee and Lang.

Hoversten warned the council that their vote was a matter of opinion and not binding by law, and of course might be subject to challenge.

Lang advised the council before any further voting was made that he would be challenging the vote no matter who won, as he believed the mayor should not be taking part in the vote. Rietz had also voted in the appointments of Neil Fedson and Todd Penske.

For more on this story, read Sunday’s Austin Daily Herald.