In a highly irregular move, council member Ruth Atkin killed an impeding vote on Mr Kang by substituting an alternate motion to appoint Mr Moss. The council then voted on Mr Moss:
Ruth Atkin, Nora Davis and Kurt Brinkman and Jennifer West: AYE
Jac Asher: NO.
Mayor West had moved a vote on Mr Kang which was seconded by Ms Asher but Ms West changed her mind and voted with the majority after her initial motion for Mr Kang was deep sixed.
Council watchers expressed dismay at the refusal to allow a vote on Mr Kang. One RULE member who chose to remain anonymous intoned, "It looks like Ruth Atkins' [hoped for] 'swing vote' status isn't going to swing. We're going to have to have one more election to finally break up business as usual in Emeryville."