LINCOLN -- A motion to override the mayor's veto of an ordinance to establish a procedure for making an appointment to the council failed April 19 due to a lack of a majority vote at the Lincoln City Council's meeting.

The vote was 4-4 in favor of a motion to override. State law required six votes, or two-thirds of eight members, to override the veto.

City attorney Steve Zega said it was the first time he could remember that a mayor vetoed an ordinance approved by the council. Citing state code, Zega spelled out the procedures for a mayor to veto an ordinance and then what is required to override the veto.

Council member Billy Rusher made a motion to override the veto. Council member Michelle Davis seconded the motion.

A "yes" vote was in favor of the ordinance, Zega said. A "no" vote meant that the council member opposed the ordinance.

Rusher, Davis and council members Johnny Stowers and Amanda Thomas voted in favor of the motion. Council members Terry Bryson, Doug Moore, David McBride and Mary West voted against the motion. West had just been elected to fill a vacancy on the council, and this was her first vote as a council member.

The council approved a new procedure, in a 5-2 vote, for filling a vacancy at its March 15 meeting. For past appointments, the mayor has recommended a person for the council to consider.

The ordinance required that all city council members be notified about a vacancy on the council and that a "notice of vacancy" be publicized. The ordinance gave interested, qualified candidates up to 30 days to submit an application for the vacancy. The remaining members of the council would then vote by simple majority to select a person to fill the vacancy from the list of applicants.

Hutchens vetoed the ordinance three days later and outlined the reasons for his veto in a letter filed with the city clerk.

Prior to the vote to override the veto, Stowers addressed Hutchens asking where did he get his authority to dictate who should be on the City Council. Stowers pointed out that allowing the mayor to be the one to recommend someone to fill a vacancy on the council allows him the opportunity to "stack the council" so it does not have anyone who disagrees with him.

"The mayor is given no authority of any kind in this situation," Stowers said.

Hutchens told council members his concern with the ordinance was the 30-day time frame for people to turn in an application to apply for the position and having to make a decision within a short time.

State law requires the council to elect someone to fill a vacancy at the next regular meeting after a vacancy occurs.

Hutchens also noted that if multiple council members nominated someone for the vacancy, the process could be in a stalemate or gridlock if everyone voted for their candidate.

"This is not a lifetime appointment," Hutchens said. "It's, at the most, two years, and then you have an election and move on."

He said he did not think it would "end well" to bring forward a number of people to a council meeting to be "interrogated" in a public forum.

Hutchens said the procedure to appoint a new member needs a screening process in a centralized manner and he did not think the ordinance approved by the council in March was a "good answer" for that.

Davis wondered why all the council members could not be involved in the screening process.

Hutchens replied that he's in the position to take a "global view" of what's presented and can make a "judgment call" on recommending someone for a vacancy.

Zega said the "law is silent" on these issues, as far as the procedure for how candidates are nominated to fill a council position. He has said he believed the ordinance approved on March 15 was legal.

In his veto statement, Hutchens offered what he considered an "appropriate policy" for appointments and he said last week he was ready to move forward with that or council members could make another proposal.

His policy is to notify the public about a vacancy within three days and then accept applications for 15 days. The mayor would nominate an applicant and possibly a backup applicant. The council then would vote up or down on the nominated applicant or backup applicant at the next council meeting.

"I welcome another ordinance to streamline the process," Hutchens told council members after the motion failed to override his veto.

In other action April 19, the council approved:

• $15,617 for repairs to the Fire Department's ladder truck.

• $42,034 for the purchase of a specialized air compressor for the Fire Department.

Chief Thomas Pinder explained that Washington County has approved spending federal covid money to purchase new, upgraded air packs, and Lincoln will receive $465,000 for its air packs. The Fire Department's current air compressor cannot fill the new air packs, Pinder said.

Many other fire departments are in the same situation, Pinder said.

• An ordinance that allows the Lincoln Chamber of Commerce to establish a farmers' market to be conducted within the city limits, not just on Lincoln Square. The chamber is partnering with Appletown to host a market behind the business on Pridemore Drive.

• An ordinance to increase collection rates for commercial dumpsters, depending on the business. Hutchens said the rates did not cover costs for the city and need to be increased to help defer those costs.

Print Headline: Motion to override Lincoln mayor’s veto fails

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