Item 2A: Approval of City Council Minutes

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Councilor Clark asked how the resolution would affect City Attorney Klein’s judgment on the ballot title. City Attorney Klein suggested that drafting a ballot title was an art rather than a science, and one could have 100 reasonable ballot titles for one measure. He thought his title was reasonable, and that the title Councilor Bettman included in her e-mail was appropriate to include in a title, although perhaps not absolutely necessary. He reiterated his invitation for additional input. He said the title must be consistent with State law, and that was his goal. Roll call vote; the motion passed, 5:3; councilors Solomon, Poling, and Clark voting no. Councilor Bettman, seconded by Councilor Pryor, moved to adopt Resolution No. 4954, which shall consist of the same title and provisions as were in Resolution No. 4949. Roll call vote; the motion passed 5:3; councilors Solomon, Poling, and Clark voting no. Councilor Bettman, seconded by Councilor Ortiz, moved to direct the City Manager to direct legal counsel to adopt a ballot title, caption, question, and summary generally consistent with the language provided in her e-mail dated July 28, 2008. Councilor Clark said that the e-mail contained language that concerned him. He determined from City Attorney Klein that he would interpret the motion as the council’s indication of what it would like the ballot title to be. Councilor Clark thought the language provided by Councilor Bettman offered greater clarity in some regards, but he thought it less clear in regard to the duties of the auditor. He had hoped for more specificity with the intent reflected in the title, but was unclear as to how to accomplish that. He indicated he would have to vote in opposition to the motion because the time for discussion was not adequate. Councilor Zelenka suggested the text in Councilor Bettman’s e-mail was in keeping with the council’s last conversa- tion on the topic. Councilor Pryor was willing to allow the attorney to do more work on the ballot title but was not willing to support the motion because other councilors might also want to provide input. He did not want the motion to reflect the “officially voted on version.” Councilor Bettman said that she took to heart the fact that the council could not tell the attorney what to write, but a majority of councilors could express their opinion that they believed her suggestion was in keeping with the resolution and was clear and neutral. She pointed out that after a period of time, any one could challenge the title in Circuit Court. Roll call vote; the vote on the motion was a 4:4 tie; councilors Taylor, Bettman, Ortiz, and Zelenka voting yes; councilors Solomon, Poling, Pryor, and Clark voting no. Mayor Piercy cast a vote in support of the motion and it passed on a final vote of 5:4. 4. ACTION: Approval of Motions Related to Production of a Voters’ Pamphlet for the November 4, 2008, Election Councilor Pryor, seconded by Councilor Bettman, moved to direct the City Manager to publish and distribute a local voters’ pamphlet for the election scheduled for November 4, 2008, and to author- ize the expenditure of funds from the General Fund Contingency account that are required to pro- duce the voter’s pamphlet. Roll call vote; the motion passed unanimously. Councilor Pryor, seconded by Councilor Bettman, moved to appoint councilors Bettman, Zelenka, and Ortiz to the Voter’s Pamphlet Proponent Committee for the Police Auditor Charter Amendment. MINUTES—Eugene City Council January 16, 2008 Page 6 Meeting