CLEVELAND, Ohio -- After a contentious debate Monday, Cleveland City Council members voted to re-appoint recently retired colleague

, a maneuver that allows Johnson to tap his public pension while drawing his $74,000-a-year council salary.

The 13-3 vote, with council members Dona Brady, Brian Cummins and Michael Polensek casting the dissenting votes marks the first time in council’s history that a member was re-appointed after he or she vacated a seat. Councilmen Zack Reed and Matt Zone were absent and could not vote.

Voting in favor of Johnson’s return were Council President Martin J. Sweeney, and council members Tony Brancatelli, Joe Cimperman, Phyllis Cleveland, Kevin Conwell, TJ Dow, Jeff Johnson, Martin Keane, Kevin Kelley, Eugene Miller, Mamie Mitchell, Terrell Pruitt and Jay Westbrook.

Council invoked what is called the "unit rule," requiring all members to vote with the majority or face banishment from future caucus meetings, which are open to the 18 Democrats and Cummins, a Green Party member. Those who voted no said they were undeterred by the threat.

Johnson, 65,

to the state’s pension system prompted his retirement in mid-term. By retiring before the end of 2012, Johnson locked in a yearly cost-of-living adjustment to his pension that otherwise would have been lost.

He publicly announced his retirement at the end of December and said last week he might ask his colleagues to appoint him to fill his unexpired term in Ward 4, which he has represented for more than two decades.

At a council caucus on Monday afternoon, Johnson told his fellow members that earning their support would be the "crowning achievement" of his "storied career."

During his speech, Johnson pointed out that he was the only council member to have a recreation center named in his honor while he was still serving the public. And he justified his chronic absence from committee meetings in recent years by explaining that his son needed kidney dialysis during the same times when the committee was set to meet.

Johnson said he wanted to be transparent about his motivations for retiring and added that he received more than 300 calls in the past week from constituents extending their support. He also pointed out that he could have retired quietly and sought re-election a decade ago but did not, which saved taxpayers years of paying for his pension.

"For me, it was never about the money," Johnson said after the caucus. "It’s about finishing what I started 47 years ago... I don’t think I’m gaming the system."

Other council members spent the hour-long caucus debating the propriety of allowing Johnson to resume his term, rather than let voters make the decision in the November election. In turns, members praised Johnson’s service record and denounced his request.

But Councilman Eugene Miller had another concern: Would Johnson lose his seniority and the reserved parking space that goes with it? The answer: Yes.

Council President Martin J. Sweeney diffused a potential argument after Miller accused colleague Michael Polensek of double-dipping while opposing Johnson’s attempt to do so.

"Someone at the table did it their way," Miller said, alluding to Polensek. "If it’s illegal, then let’s break it up."

Polensek — who retired in 2009 after three decades in office, then ran again in the November election and won — argued that his approach is the state-prescribed method of double-dipping, is supported by state law and gave the voters a chance to reject him if they disapproved.

He said council should not have been placed in the position of having to restore a colleague who resigned.

Other council members blamed the state legislature for changing the pension system on short notice and forcing hundreds of public officials statewide to make sudden decisions about retirement.

Councilwoman Phyllis Cleveland said many will be returning to their jobs this year after retiring for the same reason. She said double-dipping is legal and ethical and that anyone who can do it, should.

"I can’t see why I would say no to anyone on this body if they chose to take advantage of it," Cleveland said. "Anybody who didn’t take advantage of it would be a fool."

Councilman Jay Westbrook said Johnson deserves to receive his full pension and that it would be irresponsible to force Johnson to walk away from his constituents with a year left in his term.

"This is simply to address the conditions that were set forth by the state legislature," Westbrook said. "There is no question that it’s awkward. It’s probably most awkward for Ken Johnson."

Double dipping is legal in Ohio, as long as the officials are old enough or have served long enough to be eligible. But the practice sharply divides taxpayers. Some note that the employees followed the rules and accumulated enough service time to secure the benefit.

Others say the system allows people to retire young enough to continue working while drawing costly retirement benefits for many more years than private sector employees.

By allowing Johnson to double dip, his supporters on council could expose themselves to potential voter backlash.

Kesha Parks, who ran against Johnson in 2009 and attended the caucus debate Monday, said ward voters should have been allowed to decide whether to let Johnson return to office. Parks said she intends to challenge Johnson again this fall, and added that her campaign will highlight the councilman’s decision to seek re-appointment and double-dip.