Dave D

Main motion didn't include amendment when passed

6 posts in this topic

There are 7 members on our council. At the last meeting we had a quorum, with 5 in attendance.

The Chair announced that the resolution about to be considered would need 4 votes to pass, a majority of all members of the Council.The Resolution was then moved and seconded. During discussion a motion to amend was moved and seconded. A roll call vote on the amendment was taken and the recorded results were 3 ayes 2 nays. Everybody assumed the amendment had failed because it didn't get the 4 votes that the Chair had mentioned before discussion took place.

The Chair did not announce any results but entertained another motion slightly different than the first, to once again amend the main motion which was moved and seconded, a roll call vote was taken and the 2nd amendment was not adopted  by a 4-1 vote.

The Chair then announced we would return to consideration of the Resolution as presented in the packet neglecting to include the amended language. The Resolution was then passed by a vote of 4-1. As I recall an amendment to a motion only needs a majority of those present even if the Main motion requires an affirmative vote of 4.  I reported this to the chair 3 days later when while reading a newspaper story about the vote, it occurred to me that a mistake had been made.

Any suggestions on how to proceed?

Thank you.

Dave D

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Go back in time and make a timely Point of Order.  Since it is not a continuing breach it would be too late now to correct it using that method.

So now if you want those amendments put back it, it would have to be revoted on via Amend Something Previously Adopted.  As a note, the people that would vote on that amendment would be those present when the motion is made, not those who voted on it originally.

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You are correct that an amendment requires a majority vote to be adopted regardless of what vote is required for the main motion, But, while an affirmative vote of a majority of the entire membership can adopt almost any motion, it is not required in any case that I can think of. You should probably check your bylaws to see under what circumstances a vote of a majority of the entire council membership is required and what it applies to. Your rules may vary from those of RONR. And Saint Cad is correct - it's too late now to raise a point of order regarding the (presumed) mistakes made.

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DaveD, is this "council" by chance a public body, such as a city council?   If so, it is likely governed by special rules, by a city charter, and by state law provisions.  It is quite common for the rules governing such public bodies to require a vote of a majority of the entire membership of the council in order to adopt legislation.  Amendments to pending legislation, however, can usually be adopted by a regular majority vote. 

However, I agree with the others that it is too late to raise a timely point of order about whether any of the amendments were properly adopted.  Any mistake in that regard will have to be cured by new legislation or a motion to amend something properly adopted.

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3 hours ago, SaintCad said:

it would have to be re voted on via Amend Something Previously Adopted.

This was very helpful information and I looked it up in the handy dandy Robert's Rules of order Newly Revised In Brief. It was much easier to find when you have the right words. I will pursue the Amend Something Previously Adopted.

1 hour ago, Richard Brown said:

DaveD, is this "council" by chance a public body, such as a city council? 

Yes this is a City Council that has a Charter requirement that votes on Resolutions require a majority of all members.

Thanks

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