jhk13

Thank You All for taking the time to answer my concern. I have lots to learn and you have no idea how valuable I find this forum. Thank You Again, jhk

Good Evening, At our last Municipal Council meeting we had a Councillor who was on the losing side of a vote. That Councillor asked for a reconsideration vote. I called point of privilege that because that Councillor wasn't on the the side that passed or won that motion they can't call for a reconsideration vote or we will be calling them after every vote. The Mayor asked our Legal staff who said that we don't have that wording in our procedural bylaw as other municipalities do therefor that rule doesn't apply to us. The next day I emailed our CAO and said that I was taught whenever something is not written in our procedural bylaw we default to 2.1c. (see below) I also asked our CAO if my belief isn't true what does 2.1c mean. PART 2 - GENERAL APPLICATION OF THIS BY-LAW 2.1 General Application c) All points of order or procedure for which rules have not been provided in this bylaw shall be decided by the Chair in accordance, as far as is reasonably practical, with the rules of parliamentary law as contained in ROBERT’S Rules of Order. The response was, "You are correct that Section 2 provides that if there is a situation where the Procedural By-law does not speak to a matter or have rules relating to a matter, then we fall back to Robert’s Rules of Order for guidance. This is a general provision which features in many procedure by-laws and is the go-to set of rules when a Procedure By-law does not address a specific situation. As such, the way it works is that if our by-law does not have a set of rules or procedures for a situation then we adopt those set out in Robert’s Rules. However, if our by-law does speak to a specific procedure, there is no need to refer to Robert’s Rules because when Council turned its mind to setting out the rules for reconsideration (in the creation of the by-law itself), it set the rules. At last night’s meeting, a specific procedure was raised—the matter of a reconsideration. While Robert’s Rules notes that reconsiderations should be brought forward by a member who voted on the prevailing side, (OUR) Procedural By-law sets out very specific rules around reconsideration which does not include that a member from a prevailing side must move the reconsideration. In this case, (OUR) does have a specific rule about reconsiderations, and as such, there is no need to fall back to Robert’s Rules for guidance." I understand this answer back as, because we have a few Reconsider rules in our procedural bylaw, that Roberts Rules Of Order CAN NOT apply. I worry this also means the same in all other area's as well. I find it confusing now with this answer. I believed Robert's Rules of Order carried more weight than what I'm being told. Am I wrong in thinking Robert Rules does apply to situations like this where it's not specifically mentioned under a subtitle? I added our complete Reconsider Bylaw section below just in case it is needed as a reference. Thank You, jhk 9.15 Motion to Reconsider a) A motion to reconsider 24 i. is not debatable ii. is not amendable iii. requires a two-thirds vote of the whole number of members voting iv. shall be in writing b) A notice of a motion to reconsider shall be in writing and shall be given at least ten (10) days prior to the meeting of Council at which the motion to reconsider will be voted upon. c) If the action approved in the motion cannot be reversed, the motion cannot be reconsidered. d) A member may give notice of reconsideration of a matter at any meeting following the meeting when the matter was considered. e) No discussion of the main question which is proposed for reconsideration shall be allowed until the motion to reconsider is carried by two-thirds vote of the whole number of members voting. f) No motion shall be reconsidered more than once during a period of twelve months following the date on which the question was decided. g) When a motion to reconsider is brought before a succeeding Council, all of the above provisions will apply to the motion. h) The following motions cannot be reconsidered : i) To adjourn To recess To suspend the rules To reconsider Planning Act items

Thank You Very Much for your replies. You have no idea how much I truly appreciate that you took the time to help me. jhk

This is a real question, I need help with exactly which rule(s) are being broken and by whom. I'm going through my New 12th edition but I'm becoming frustrated as I can't zero in on what I'm looking for. Thank You jhk Based on almost exact events. motion comes to the floor and is seconded, "move $100.00 from reserves to buy light bulbs for the parking lot." This gets voted down. 2 in favour, 6 Not In Favour. Same Councillor asks for the floor and is granted, I would like to make a new motion, "move $99.00 from reserves to buy light bulbs for the parking lot." This gets voted down. 2 in favour, 6 Not In Favour. Same Councillor asks for the floor and is granted, I would like to make a new motion, "move $98.00 from reserves to buy light bulbs for the parking lot." This gets voted down. 2 in favour, 6 Not In Favour. Same Councillor asks for the floor and is granted, I would like to make a new motion, "move $50.00 from reserves to buy light bulbs for the parking lot." This gets voted down. 2 in favour, 6 Not In Favour. Same Councillor asks for the floor and is granted, I would like to make a new motion, "move $30.00 from reserves to buy light bulbs for the parking lot." This gets voted down. 2 in favour, 6 Not In Favour. Mover gets tired and stops on this topic but does it again on promotional pens. Help..............