City attorney: tie vote is not a "simple majority," motions to reconsider and to table failed

The City Attorney told the City Council during its regular meeting that a tie vote on a motion to reconsider does not constitute a "simple majority," and therefore the earlier motion to reconsider — and the subsequent motion to table that item — failed.

The clarification matters because it resolves uncertainty about whether the council could revive the matter. The City Attorney said they had mistaken a tie for a passing vote during the meeting and, after looking up the municipal code, concluded a tie does not meet the simple-majority threshold.

"I apologize. I made a mistake ... I thought that that tie, incorrectly in the moment was a simple majority. I took some time during the meeting to look that question up. I've come to the opinion that a tie is not a simple majority, and that the ... motion to reconsider failed, and will not be brought back, for, for reconsideration," the City Attorney said. The City Attorney also said the motion to table the matter failed for the same reason.

Council members asked follow-up questions about whether recusals can change the effect of a tie. The City Attorney said a recusal can alter the vote count so that a previously tied result might not be a tie in those circumstances, and noted there are occasions when a vote could be counted as a majority of a quorum present.

After the clarification, Alderman Carlson moved to adjourn; Alderman Walker seconded. The council said "aye" and the meeting was adjourned.

No further motions to revive the previously discussed item were recorded during the meeting. The City Attorney invited questions and apologized for the earlier error and any delay it caused.