Scenario:  The City has a six-member City Council (with the Mayor as one of its members).  The Mayor is only allowed to vote in the case of a tie.

The Mayor can vote if there are only four members of the Council present, and the vote is two-two.  Two ayes, two nays.

What if all members of the Council are present, and one of the Council members chooses to abstain (for whatever reason), and the resulting vote is two-two-one (two ayes, two nays, and one abstention)? 

* Is there a tie in such a case? 

* Or, since the vote is 2-2-1, does the one abstention constitute a "nay" for purposes of disallowing the Mayor from voting (in effect, a 2-3 vote)?

Anyone know for sure?  I do not find it addressed in the Utah Code, our city code, or any Utah court case.  Nor is it addressed in the Utah League of Cities and Towns' "Powers and Duties - The Handbook for Utah Municipal Officials" (20th edition, 2022). #CITIESWORK

If there is not a specific or concrete answer to my question, what ideas, concepts, or principles I should consider?

Any insights would be appreciated.  Thank you. 

Kevin

Assuming your rules of procedure do not address this issue, my thought and practice has been that if a council member abstains, then it is not a vote. It is neither an Aye vote nor a Nay vote. Dictionary definitions of "abstain" are along the lines of "to choose not to vote" and "formally decline to vote either for or against a proposal or motion." In such case I view it as a tie vote and the Mayor may vote. If the Mayor votes the tie may be broken or if the Mayor abstains, then the item would fail to pass.

Vaughn Pickell wrote:

Assuming your rules of procedure do not address this issue, my thought and practice has been that if a council member abstains, then it is not a vote. It is neither an Aye vote nor a Nay vote. Dictionary definitions of "abstain" are along the lines of "to choose not to vote" and "formally decline to vote either for or against a proposal or motion." In such case I view it as a tie vote and the Mayor may vote. If the Mayor votes the tie may be broken or if the Mayor abstains, then the item would fail to pass.