12-04-56SpMtg DECEMBER 4th, 1956.
A Special Meeting of the City Commission was held in the City
Hall, at 7:30 P.M., ~rlth Mayor Mike Yargates in the Chair, City
Manager W. E. Lawson Jr., City Attorney John H. Adams and the follow-
ing Co~missioners being present - Catherine E. Strong, W. J. Snow,
Emory J. Barrow and Howard Lee Cromer:
Hayor Yargates called the meeting
City Hanager W. E. Lawson then informed the Commission the
Results of today's General Election, namely, as per Following
votes cast-
For the MO (2) Year Term of Councilman -
Dugal G. Campbell 806
J. LeRoy Croft 774
Arthur J. Hichael 301
George V. Warren 1024
For the ONE (1) Year Unexpired Term of Councilman -
Howard Lee C~omer 651
Hartha K. Holland 701
Robert J. Holland 956
Hike Yargates 643
Upon motion of Commissioner Catherine E. Strong, seconded by
Commissioner W. J. Snow and unanimously carried, the Election Re-
turns, as read by the City Manager, were approved and certified as
reported, Hr. Dugal G. Campbell and H~. George V. Warren adjudged
the winners for the two (2) year term and Mrs. Martha K. Holland
and Hr. Robert J. Holland being adjudged the cholce to fill the
unexpired one (1) year te~s of Councilman Howard Lee Cromer and
Hayor Mike Yargates, whose submitted resignations become effective
at the close of the current calandar year.
The City Attormey then advised the Commission as Follows:
In view off the fact that we have not discussed in open council
meeting the involvements regarding the election of the persons
to fill the one year vacancies being created by the resignation
off Commissioners Yargates and Cromer, and in view of the fact that
the City Charter provides that vacancies shall be Filled by ap-
pointment by the City Commission, and that in the event the City
Commission cannot agree, such vacancies shall be filled by election,
and in view of the fact that the Commission had previously expressed
its desire to determine the voting public's desires for Commissioners
to Fill such vacancies, I would like to go on record as
that Commissioner Cromer and/or Commissioner Yargates resign on some
date prior to January let, 1957, and that this Commission appoint
Hartha K. Holland and/or Robert J. Holland as Commissioners to fill
the appropriate unexpired term; they having been chosen by the vote
of the people in today's election. It is my opinion that it is the
responsibility of this Commission to seat and qualify the newly
chosen Commissioners to fill the vacancies rather than delay such
qualiffication to a later Commission. Also the Commission should
concern itself with always having a quorum of qualified Commissioners.
City Attorney John H. Adams further informed the Commission
that it is commonly thought that today's vote elected Martha K.Holland
and Robert J. Holland as Conenissioners to fill unexpired terms, but
since the Charter does not so provide, to avoid legal entanglement,
I strongly recommend and insist that the Commission ratify the vote
of the people byappointing Robert J. Holland and Martha K. Holland
as Commissioner~, thereby eliminating any possible legal entangle-
ment and expense in the Future, evolving From this situation.
DECEI~BER 4th, 1956.
Commissioner Strong expressed a desire for legal opinion
from other sources as to the legality of the proceedings concer~-
in~ the Commission replacement for the unexpired terms referred
to above.
Heetint adjourned.
D. Worthing
City Clerk -
APPROVED:
HAYOR