380.4 MAJORITY REQUIREMENT -- TIE VOTE -- CONFLICTS
380.4 MAJORITY REQUIREMENT -- TIE VOTE -- CONFLICTS
OF INTEREST.
Passage of an ordinance, amendment, or resolution requires a
majority vote of all of the members of the council, except when the
mayor may vote to break a tie vote in a city with an even number of
council members, as provided in section 372.4. Passage of a motion
requires a majority vote of a quorum of the council. A resolution
must be passed to spend public funds in excess of one hundred
thousand dollars on a public improvement project, or to accept public
improvements and facilities upon their completion. Each council
member's vote on a measure must be recorded. A measure which fails
to receive sufficient votes for passage shall be considered defeated.
As used in this chapter, "all of the members of the council"
refers to all of the seats of the council including a vacant seat and
a seat where the member is absent, but does not include a seat where
the council member declines to vote by reason of a conflict of
interest.
A measure voted upon is not invalid by reason of a conflict of
interest in a member of the council, unless the vote of the member of
the council was decisive to passage of the measure. The vote must be
computed on the basis of the number of members not disqualified by
reason of conflict of interest. However, a majority of all members
is required for a quorum. For the purpose of this section, the
statement of a council member that the council member declines to
vote by reason of conflict of interest is conclusive and must be
entered of record.