Clerk Wrong Twice on Rules

Clerk Wrong Twice on Rules

"City Clerk Margaret Drury said that as long as none of city councilors
realized there was not a quorum, or a majority of members present, or called for
a quorum beforehand, the vote stands."
"Drury also [said] the City Council�s voting procedures had never been
questioned in the past." The most cooperative city employee is wrong twice.
(Erin Smith, "City Clerk: Don't question councilors who missed vote," Cambridge
Chronicle, Apr 12, 2007)
Erin Smith correctly notes more is in play here than Robert's Rules. The
City Council's rules require a quorum. Rule 5 states, "The Mayor shall declare
all votes. [...] the mayor shall declare the results, but no such declaration
shall be made unless a quorum of the City Council has voted."
It is wishful thinking to say the council was never questioned in the past
about rules violations. The Clerk verifies my belief that City Councilors and
City employees ignore public comment. During several meetings a few citizens
openly challenged the council about having less than a quorum present. Once the
Mayor threatened to have me removed when I noted that there was no quorum.
In many letters to the council I pointed out the frequent anomalies
on voting (most recently my letter in the April 9, 2007 agenda). On that day
there was no vote on a motion to table an item. It was tabled without a vote.
There are frequent violations of city council rules on suspending the rules. I
detailed the violations dozens of time.
It is clear that city officials hear selectively, see selectively, speak
selectively, and worst of all enforce rules and laws selectively. That is the
major problem resulting from nine councilors being intentionally ignorant of the
rules of running a meeting. The city council rules mandate that the meetings be
run by Robert's Rules. It is a recurring problem with one-party government.
The Mayor admitted on April 9, 2007 he is now taking classes on how to run
a meeting after being a councilor for 18 years. It is never too late to learn.

Roy Bercaw, Editor ENOUGH ROOM

City Clerk: Don't question councilors who missed vote
By Erin Smith/Chronicle Staff
Cambridge Chronicle
Thu Apr 12, 2007, 12:01 PM EDT
Cambridge -

There may have been only three city councilors voting, but that doesn't mean
that the Monday night vote didn't count, according to the city clerk.

The majority of city councilors exited the meeting through the doors of the
private "green room" before a discussion and vote to record a report from City
Manager Bob Healy on the Valentine's Day snowstorm.

City Clerk Margaret Drury said that as long as none of city councilors realized
there was not a quorum, or a majority of members present, or called for a quorum
beforehand, the vote stands.

"Robert's says that because of that, they don't go backwards on votes," said
Drury, referencing Robert's Rules of Order, a widely used parliamentary
guideline.

Drury also questioned why the Chronicle would highlight something as �diminutive�
as a vote to place a report on file, citing that the City Council�s voting
procedures had never been questioned in the past.

Only city councilors Craig Kelley, Denise Simmons and Mayor Ken Reeves were in
the room during the voice vote to place a city manager�s report on file. A
quorum, or majority of city councilors, is needed for all official votes,
according to the City Council�s rules. That means there needs to be at least
five city councilors present to take a vote.

City councilors Michael Sullivan, Anthony Galluccio, Marjorie Decker, Henrietta
Davis and Tim Toomey were all absent from the room during a discussion on the
city's response to the severe ice and snowstorm on Valentine's Day.

City Councilor Brian Murphy was absent from the beginning of the meeting due to
a family emergency, according to his fellow city councilors.

Several minutes after the vote was taken to record the report on the storm,
Decker and Sullivan emerged from the entrance to the green room.

The green room is an off-limits-to-the-public space where city councilors go to
relax, have private discussions or eat a catered dinner.

Galluccio entered the council chambers about a minute later, just in time to
speak on Healy's appointment of Robert Haas as the new police commissioner.

While some city councilors leave the chambers briefly to use the restroom or get
water or soda, others remain in the green room and are absent from the chambers
at weekly meetings for extended periods of time.

The Chronicle has been periodically reporting on voting delays and discussions
that take place when a majority of city councilors are in the green room and are
not present in the City Council chambers.

Last year, Mayor Ken Reeves set off a debate about the green room when he
asserted that the room was an extension of the meeting. He later backed down
from that view.

In February, City Councilor Craig Kelley attempted to get a legal opinion on
whether the City Council can conduct city business in their private green room,
but his colleagues shot down his bid. Only City Councilor Anthony Galluccio
sided with Kelley, voting in favor of the legal opinion.

"There are not five people in the back room at any time during the meeting,"
said Drury. "People can be other areas of the building."

Drury conceded that there is no way for the public to know when city councilors
remain in the green room because it is off limits to the public. She said she
monitors the room during recesses.

Said Drury, "I can look in that room quickly and say 'Come back in here.'"