City Council Agenda and Packet 1984 01 17

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411 411 1/9/84 Page -5- APPOINTMENT - MUNICIPAL JUDGE Mayor Meier nominated Lawrence Enrietto Lawrence Enrietto - Nominated for Municipal Judge. Councilman Leary seconded the nomination. James Robinson - Nominated Councilman Luce nominated James Robinson for Municipal Judge. Councilwoman Johnson seconded the nomination. Councilman Cussen moved, Mayor Meier seconded that the nominations cease. Question called for. All in favor. Motion carried unanimously. Councilman Leary Councilman Leary commented it was his under- Public Vote - City Ordinance standing by City ordinance of Louisville this must be a public vote - not a ballot vote. State Statutes - Ballot Vote Attorney Rautenstraus advised that the State Statutes have a specific provision, and as usual was not real clear, is says "all appoint- ments of officers by the governing body shall be by ballot' and the concurrence of the majority of all-WeiEirs elected shall be required. ' "The names of those who voted and the vote each candidate re;eived upon the vote shall be recorded. " Councilman Leary reiterated that it was his belief that our ordinance says that any paid position must be done so by public vote. Stated the Attorney's advice will follow as to which has precedent. It should be some- where near the appointment of officers of the City. Attorney Rautenstraus advised that with the State Statutes specifically speaking to this point, it would be best to follow the lead of the Statute of the State by voting by ballot. The Attorney felt that we should be careful about naming and having in the record the persons who did vote and then the number of votes each candidate receives. Persons Voting by Ballot Mayor Meier and Councilmembers Cussen, Leary, Johnson, Woodson, Morris and Luce cast votes for Municipal Judge. Administrator Wurl read the ballots aloud for those in attendance. Lawrence Enrietto 1 vote James Robinson - Municipal James Robinson 6 votes Judge James Robinson voted as Municipal Judge 6-1.