Guest Steven Fults Posted February 12, 2011 at 01:43 AM Report Share Posted February 12, 2011 at 01:43 AM Hello,I appreciate the opportunity to present the following:A short time ago an item failed 2/2 with one member absent. The absent member brought the same exact item back recently, clearly not beyond the prescribed time. Is this compliant with RR?Thanks....Steve Link to comment Share on other sites More sharing options...
jstackpo Posted February 12, 2011 at 01:50 AM Report Share Posted February 12, 2011 at 01:50 AM I don't know what you mean by the "prescribed time". RONR doesn't either.If "a short time ago" was a previous meeting (or are you on-line right now in a meeting as you ask and read answers?), then anybody can bring up any defeated motion at any later meeting, in "New Business". Link to comment Share on other sites More sharing options...
Guest howard kessler Posted February 12, 2011 at 01:55 AM Report Share Posted February 12, 2011 at 01:55 AM Hello,I appreciate the opportunity to present the following:A short time ago an item failed 2/2 with one member absent. The absent member brought the same exact item back recently, clearly not beyond the prescribed time. Is this compliant with RR?Thanks....Steve Link to comment Share on other sites More sharing options...
Guest howard kessler Posted February 12, 2011 at 02:04 AM Report Share Posted February 12, 2011 at 02:04 AM I had a similar situation in which our Board follows RR and an item failed 2-2 with one commissioner absent. OUr rules state that like or similar motions could not be brought back for one year. Yet, under the guise of "reconsideration" it was brought back by the commissioner who was absent and he brought this back months later. It was brought back to reconsider. How can an item be brought back for reconsideration by the absent commissioner months afterr his return?confused. Link to comment Share on other sites More sharing options...
Guest Steven Fults Posted February 12, 2011 at 02:13 AM Report Share Posted February 12, 2011 at 02:13 AM I don't know what you mean by the "prescribed time". RONR doesn't either.If "a short time ago" was a previous meeting (or are you on-line right now in a meeting as you ask and read answers?), then anybody can bring up any defeated motion at any later meeting, in "New Business".No, it was 6 months ago the original item failed 2/2, we have a 5 member board. County rules state an item cannot come back within the prescribed time of 1 year, unless there is significant new information. It was not at the same or next meeting. There was no new information, it was the same item placed on the agenda previously, but by the absent commissioner who was not on the prevailing side (or non-prevailing side). Link to comment Share on other sites More sharing options...
Rob Elsman Posted February 12, 2011 at 02:27 AM Report Share Posted February 12, 2011 at 02:27 AM No, it was 6 months ago the original item failed 2/2, we have a 5 member board. County rules state an item cannot come back within the prescribed time of 1 year, unless there is significant new information. It was not at the same or next meeting. There was no new information, it was the same item placed on the agenda previously, but by the absent commissioner who was not on the prevailing side (or non-prevailing side).Clearly, the motion to Reconsider the vote was out of order on account that the time within which the motion must be made had already expired. RONR (10th ed.), p. 305, ll. 26-35. Link to comment Share on other sites More sharing options...
jstackpo Posted February 12, 2011 at 02:49 AM Report Share Posted February 12, 2011 at 02:49 AM No, it was 6 months ago the original item failed 2/2, we have a 5 member board. County rules state an item cannot come back within the prescribed time of 1 year, unless there is significant new information. It was not at the same or next meeting. There was no new information, it was the same item placed on the agenda previously, but by the absent commissioner who was not on the prevailing side (or non-prevailing side).Clearly, you have a special rule for your "prescribed time", which supersedes RONR's rules. If you have no special rule about reconsideration then RONR does apply, and it is out of order -- too much elapsed time -- to move it.So the issue is indeed dead for another 6 months or so. Link to comment Share on other sites More sharing options...
Guest Steven Flts Posted February 13, 2011 at 02:02 AM Report Share Posted February 13, 2011 at 02:02 AM Awesome site and contributors! A million and one thanks.....Steve Link to comment Share on other sites More sharing options...
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