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City Counci's quorum failure may free those charged

| April 17, 2012 6:50 PM

According to the Troy City Council agenda for Tuesday night’s meeting, the board was supposed to vote on a city attorney. 

That didn’t happen, however.  With two absent members, the board did not have a quorum, so no action was taken.

Normally, that would not be a problem, as the topic could be revisted later. However, without a city attorney, the city has no legal representative to prosecute those who have been fined by the city’s law-enformcement officers. And since, residents are guaranteed a speedy trial, the city that some City Council members say is strapped for cash, must begin forgiving those charged and return bond posted.

“The whole thing is coming in and doing the city’s business,” said Joe Art, who with Crystal Denton was ready to take a vote.

Council members Phil Fisher and Fran McCully were not present.

Mayor Don Banning, who was present, said he heard from Councilman Phil Fisher who works at the Troy Mine. Banning said Fisher was called into duty as the mine, excusing him.

“I don’t know why Fran McCuly isn’t here,” Banning said.

The board waited until 7:10 p.m. — 10 minutes after the meeting was supposed to convene — before calling the meeting.

“I was kind of hoping we could take a vote on the attorney tonight,” said City Clerk Tracy Rebo. “This is could end up costing the city a lot.”

Troy Municipal Judge Allen Dye said Wednesday, the day after the City Council failed to achieve a quorum, he will begin a process to release bond payments and drop charges against defendants.

“It’s really all I can do at this point,” Dye said.

The Council has a work meeting scheduled for April 12 and a regular meeting scheduled for April 18. The meetings are supposed to convene at 7 p.m.