Guest Casey Posted August 24, 2011 at 10:49 PM Report Share Posted August 24, 2011 at 10:49 PM In a mayor-council form of government, with the council operating under RONR, what would be the correct procedure on a mayoral veto? Our city charter indicates the following (verbatim):All ordinances, resolutions and other actions of the City Council, except those related to its organization, rules or procedures, shall, before they take effect, be presented to the Mayor, and if the Mayor approves thereof, the Mayor shall sign the same, and such as shall not be signed, the Mayor shall return to the City Council, with his or her objections thereto, by depositing the same with the City Clerk, to be presented to the City Council at their next meeting thereafter. Upon the return of any ordinance, resolution or other action of the City Council by the Mayor, the vote by which the same was passed shall be deemed to have been reconsidered, and the question shall be again put upon the passage of the same, notwithstanding the objections of the Mayor, and if upon such vote the City Council shall pass the same by a vote of two-thirds of the members of the Council, it shall have the same effect as if approved by the Mayor. If any ordinance, resolution or other action of the City Council shall not be returned by the Mayor within five days, Sundays excepted, after it shall be presented to the Mayor, the same shall have the same force and effect as if approved by the Mayor. The question posed to me is: when the vetoed measure returns to the council, does the council have to take an "up or down" vote to sustain or override the veto, or can the council consider other options, such as referral to committee, postponement to a date/time certain, amend or substitute, etc.? I find no reference in RONR to veto procedures, and our Council's rules are silent on the matter. The only legal guide we have is the charter provision (provided above).Any thoughts, suggestions, or guidance?Thanks much! Link to comment Share on other sites More sharing options...
George Mervosh Posted August 24, 2011 at 11:18 PM Report Share Posted August 24, 2011 at 11:18 PM As the absent (or is he?) KG would say "good news!" RONR contains no rules regarding a veto or how to overturn one. So you're back to your council rules.....ask the Solicitor! Link to comment Share on other sites More sharing options...
Josh Martin Posted August 24, 2011 at 11:23 PM Report Share Posted August 24, 2011 at 11:23 PM In a mayor-council form of government, with the council operating under RONR, what would be the correct procedure on a mayoral veto?...The question posed to me is: when the vetoed measure returns to the council, does the council have to take an "up or down" vote to sustain or override the veto, or can the council consider other options, such as referral to committee, postponement to a date/time certain, amend or substitute, etc.?These questions have to do with the proper interpretation of your city's charter and is beyond the scope of RONR and this forum.I find no reference in RONR to veto proceduresThis is unsurprising, since there is no such thing as a "veto" in RONR.and our Council's rules are silent on the matter. The only legal guide we have is the charter provision (provided above).Any thoughts, suggestions, or guidance?Since the only document you have on the subject is a legal document, I think you will need to consult a lawyer for assistance in interpreting it. Link to comment Share on other sites More sharing options...
Chris Harrison Posted August 24, 2011 at 11:25 PM Report Share Posted August 24, 2011 at 11:25 PM Since these are your own custom rules RONR is not going to have an answer for you. I would suggest you contact a lawyer who is very familiar with the City Charter who can hopefully provide an answer. Also, since I find it hard to believe that this question hasn't been asked before I would suggest you all check with some of the old timers who are still on the Council (or were on the Council and still live in the area) and ask them how they handled the situation then. Link to comment Share on other sites More sharing options...
Matthew Vaughn Posted August 26, 2011 at 03:59 PM Report Share Posted August 26, 2011 at 03:59 PM As the absent (or is he?) KG would say "good news!" RONR contains no rules regarding a veto or how to overturn one. So you're back to your council rules.....ask the Solicitor!Does the Mayor/Presiding officer have the only authority of the veto procedure? Link to comment Share on other sites More sharing options...
George Mervosh Posted August 26, 2011 at 04:11 PM Report Share Posted August 26, 2011 at 04:11 PM Does the Mayor/Presiding officer have the only authority of the veto procedure?As indicated, RONR doesn't mention a veto procedure. Link to comment Share on other sites More sharing options...
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