If an entire city council abstains from voting on a proposal, what happens? This just happened in Birmingham regarding Langford’s free bus ride idea. The council had originally approved the plan, but then recalled the action (as they are allowed to do) to vote on it again. When they voted on it the second time, they all abstained.
Does it become law? Probably not:
Five (5) members of the council shall constitute a quorum for the transaction of any and every power conferred upon said council, and the affirmative vote of at least four (4) members of the council provided such four (4) constitute a majority of those voting shall be sufficient for the passage of any resolution, bylaw or ordinance, or the transaction of any business of any sort by the said council or the exercise of any of the powers conferred upon it by the terms of this act or by law, or which may hereafter be conferred upon it. (Mayor Council Act 3.15(a)).
AL.com had an article that said Langford said the action meant the proposal passed. It has since been recalled, but here’s the relevant section from my RSS reader:
However there is confusion about what the council votes mean. Langford said the unanimous abstentions means free rides will go on as planned.
“As far as I’m concerned, bus rides start May 10,” he said after the meeting. “I don’t know what they think. I don’t think they know what they think.”
Langford then instructed his chief of operations to work toward transferring the money to the BJCTA, but Julie Elmer, special counsel to the mayor, then cautioned that he could not do so without a resolution from the council.
“We can’t appropriate the money unless they say yes,” she said.
Langford said he would research his options.
“We’ll check it all out and see what the heck it means,” he said.
Not sure what he thinks he can do.