Question
Can city councilmembers change their votes after it has already been tabulated by the City Clerk? This concerns a vote that was taken by written ballot in a public meeting to fill a vacant council seat by appointment. The clerk read the votes and there was no majority on a particular candidate. So, one of the councilmen changed his vote stating he didn’t want to have the matter brought back before the council and wanted to leave to get home for the evening. I’ve seen other cities prohibit changing a vote where it affects the outcome.
Answer
Unfortunately, the Brown Act in California governs access to public meetings and, as far as I am aware, does not address voting requirements. I would recommend that you check the city council’s local rules or bylaws to determine if there a specific procedure to follow if voting is at a deadlock.
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