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Haley wishes to change is vote on Rutherford's contract
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McMinnville officials are in the midst of what could be a first in city government. An alderman wants to change a prior vote.
“Mayor, I have to say something before we go on, if I can,” said Alderman Jimmy Haley, just prior to the conclusion of Tuesday night’s board meeting. Haley’s comment came after Haley voted yes to resolution 1884, which is a contract between city administrator David Rutherford and the city of McMinnville.
The contract was unanimously accepted during a Finance Committee meeting at 6:45 p.m., as well as unanimously accepted by the full board approximately 20 to 25 minutes later.
“The resolution was not in our agenda packet, again,” said Haley. “The contract was, but the resolution was on the desk when we got here.”
Alderman Billy Wood, who is Finance Committee chairman, says he requested the resolution be prepared for officials to consider Tuesday night if the contract passed his committee.
“What you should have been concerned with was the contract,” said Wood. “It was in your agenda packet.”
Haley said he has issues with changes to the contract that he would like to discuss, to which Alderman Clair Cochran added, “Those should have been brought up in discussion.”
By Roberts Rules of Order, resolutions and ordinances have the same procedure when under consideration — a motion, a second, discussion, vote.
Mayor Norman Rone says procedure was followed in both the Finance Committee and full board discussion. Appropriate time was allotted for anyone to make comments both during the Finance Committee meeting and again, when the measure was before the full board, Rone said.
“I just have some issues with it,” said Haley. “I would like to change my vote on resolution 1884 if it’s not too late.”
Haley’s objection was made after the discussion regarding Rutherford’s contract had ended with a unanimous vote in favor of giving him a pay raise and those results had been recorded. According to Roberts Rules of Order, changes must be made prior to the vote being recorded. After the vote is recorded, changes can only be made with a unanimous vote.
When questioned after the meeting about why he voted in favor of the measure, Haley says he did not have enough time between when the changes were made and the vote taken to fully understand what he was voting on.
“I was sitting here reading the contract after the vote and it was disturbing me,” he said. “If I can’t change my vote, that’s fine.”
The city’s legal counsel will be making the final decision if Haley’s vote can be changed. However, changing one vote would not affect the outcome.