RSTR2203 Posted May 24, 2011 at 07:00 PM Report Share Posted May 24, 2011 at 07:00 PM At our last commissioners' meeting the Chairman asked for a motion to approve an application as submitted, no motion was made. Then the Chairman asked for a motion to deny the application, the motion passed. 1)Can we consider a negative motion? 2)When the Chairman asked for a motion to approve the application but no motion was made, is the application approved? 3)If the procedure wasn't followed, is the motion valid?Thank you in advance. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 24, 2011 at 07:06 PM Report Share Posted May 24, 2011 at 07:06 PM 1)Can we consider a negative motion? Ultimately, yes, but it is best to avoid doing so as it tends to cause confusion. Unless there's some reason the "motion to deny" was necessary (such as in a zoning board), it would have been best to just leave the application alone after no motion was made to approve it.2)When the motion to approve the application as submitted failed, was the application approved?Well, I believe you said no motion was made, but nonetheless, if a motion to approve the application failed, this certainly would not mean the application was approved.3)If the procedure wasn't followed, is the motion valid?I'm not entirely clear what procedure you are suggesting wasn't followed, but the motion to deny the application appears to be valid (whatever it means).4)How should I record this 'action taken' in the minutes?"Mr. A moved to deny the XYZ application. The motion was adopted." Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 24, 2011 at 07:10 PM Report Share Posted May 24, 2011 at 07:10 PM 1)Can we consider a negative motion?Generally making negative motions are not permitted because of the questions that will be raised when a negative motion is defeated. However, depending on circumstances making that type of motion may be proper.2)When the motion to approve the application as submitted failed, was the application approved?I don't understand your question. Can you please clarify?3)If the procedure wasn't followed, is the motion valid?Yes because a Point of Order was not promptly raised (RONR pp. 243-344)4)How should I record this 'action taken' in the minutes?Record what happened. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 24, 2011 at 07:16 PM Report Share Posted May 24, 2011 at 07:16 PM Generally making negative motions are not permitted because of the questions that will be raised when a negative motion is defeated. However, depending on circumstances making that type of motion may be proper....Yes because a Point of Order was not promptly raised (RONR pp. 243-344)Unless I'm missing something, a negative motion is not actually out of order, it's just not recommended in most cases. If it were out of order, I believe RONR would use stronger language than merely saying that such a motion "should not be offered." (RONR, 10th ed., pg. 99, line 33 - pg. 100, line 1) Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 24, 2011 at 07:37 PM Report Share Posted May 24, 2011 at 07:37 PM Unless I'm missing something, a negative motion is not actually out of order, it's just not recommended in most cases. If it were out of order, I believe RONR would use stronger language than merely saying that such a motion "should not be offered." (RONR, 10th ed., pg. 99, line 33 - pg. 100, line 1)You are correct. It is permitted just not recommended. For this particular situation I also looked at p. 100 lines 18-25. Link to comment Share on other sites More sharing options...
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