Opinion : Letter to the Editor: Writer criticizes resolution procedure

As a former resident I like to follow hometown news and Vinton Today is a wonderful place to do just that.
A recent story about storm debris removal has caught my interest. I was surprised to read where a resolution to award a storm debris removal contact was "passed" on a vote of 3 to 2 (Ms. Vermadahl was not at the December 8th meeting).
From past experience and further research of Vinton's City Ordinances and the Code of Iowa, I know that a resolution can never pass in Vinton with a vote of 3 to 2; not as long as we have 6 council members. Our City Code (17.3.1) and the Code of Iowa (380.4) dictate that a resolution can only pass with a majority vote of ALL council members. Furthermore, our City Ordinance specifically states that any resolution authorizing expenditures of $10,000 or more must record the vote of ALL council members. Based on that ordinance, the actual vote to award that contract was a tie 3 to 3 (an absence counts as a "no" vote), thus lacking a majority to pass. A member of the council has stated that a quorum was present and a majority of a quorum is all that is needed to pass a resolution.

Unfortunately, I believe that council member is wrong. By Iowa Law, in city government, a majority of a quorum can only pass a motion and not a resolution. I don't care to argue the merits of the contract or other items discussed by the council. My only point is that local and state law was not followed. This contract must be voided and the process restarted. Being under a time constraint does not justify breaking the law, just ask the State Patrol.

- Darran Sellers, Milton, Wis.