AURORA | Mayor Steve Hogan is typically the tiebreaker during a neck-and-neck vote at city council meetings. But his recent absence may mean tied votes are actually policy dead ends for Aurora City Council.
Hogan announced this week he’s been absent from city meetings because of a cancer diagnosis, but plans to return to his full duties as he progresses through a treatment plan.
Council rules give him the deciding vote when it comes to a 5-5 split council, which is more common following the election of three council members who openly identify as “progressive.”
Those rules have a built-in safeguard for absences of the tie-breaker in chief. But it wasn’t really written for cases like the council finds itself in now, when it’s unclear when the mayor will return to the dais, said city attorney Mike Hyman.
The rule states that if a matter happens to be defeated by a tie, it should be rescheduled for a vote at the next regularly-scheduled city council meeting. That way, an absent mayor could cast a vote, potentially breaking the tie.
But Hyman said that rule does little good when the mayor is expected to be out for a prolonged period of time, as is the case with Hogan.
“That tie breaking provision doesn’t really solve anything,” Hyman said. “It really is for that occasional absence. The expectation is that the mayor would be at the next meeting to break the tie.”
This week, the council found itself failing some actions, an amendment on an ordinance and a call up in a tie vote. Hyman said the rule is mostly designed for matters that occur on a regular council agenda, such as a resolution or ordinance.
Mayor Pro Tem Marsha Berzins has been presiding over council in Hogan’s absence. Council rules allow her to vote as a council member, even though she’s acting in place of the mayor.
— KARA MASON, Staff Writer
