Guest Richard Posted September 25, 2012 at 03:12 PM Report Share Posted September 25, 2012 at 03:12 PM I serve on a Town Council with 7 total members and a Mayor with tie breaking powers.I understand that a motion to Rescind something previously adopted can be made by any voting member of the Council at any time, regardless of how they voted on the original motion. I'm a little confused, tho, of the vote requirement threshold for a motion to rescind for it to pass.Can someone offer the complete rundown for the voting threshold on a motion to Rescind, in particular where there is NO Previous Notice?Thank for any help,Richard in VA+++++++++++ Link to comment Share on other sites More sharing options...
George Mervosh Posted September 25, 2012 at 03:14 PM Report Share Posted September 25, 2012 at 03:14 PM Without previous notice of the motion, a 2/3 vote, or a vote of a majority of the entire membership (of the council) will be needed, assuming this doesn't apply to the bylaws or constitution. Link to comment Share on other sites More sharing options...
Dan Honemann Posted September 25, 2012 at 03:18 PM Report Share Posted September 25, 2012 at 03:18 PM I serve on a Town Council with 7 total members and a Mayor with tie breaking powers.I understand that a motion to Rescind something previously adopted can be made by any voting member of the Council at any time, regardless of how they voted on the original motion. I'm a little confused, tho, of the vote requirement threshold for a motion to rescind for it to pass.Can someone offer the complete rundown for the voting threshold on a motion to Rescind, in particular where there is NO Previous Notice?Thank for any help,Richard in VA+++++++++++If your Town Council has adopted Robert's Rules of Order as its parliamentary authority, then take a look at SDC #7 for the motion to Rescind, found on pages 306-307 (RONR, 11th ed.) for a complete answer to your question Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 25, 2012 at 03:20 PM Report Share Posted September 25, 2012 at 03:20 PM Can someone offer the complete rundown for the voting threshold on a motion to Rescind . . .Without previous notice of the motion, a 2/3 vote, or a vote of a majority of the entire membership (of the council) will be needed, assuming this doesn't apply to the bylaws or constitution.And, to complete the rundown, just a majority vote if previous notice is given.(And how ironic that the one who prefers to say "a two-thirds vote will do the trick" is the one completing the rundown). Link to comment Share on other sites More sharing options...
Guest Richard Posted September 25, 2012 at 03:31 PM Report Share Posted September 25, 2012 at 03:31 PM So if all 7 members are in attendance, then a minimum of 4 votes is needed to pass. If only 6 members are in attendance, then a 2/3 vote (or 4) is still needed to pass.Thank you.What if all 7 attend and one abstains from voting? Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 25, 2012 at 03:36 PM Report Share Posted September 25, 2012 at 03:36 PM So if all 7 members are in attendance, then a minimum of 4 votes is needed to pass. If only 6 members are in attendance, then a 2/3 vote (or 4) is still needed to pass.Thank you.What if all 7 attend and one abstains from voting?Without notice, the 2/3 vote is of those present and voting. If one abstains (6 voting), 4 is the threshold. If 6 abstain, 1 vote in the affirmative will adopt the motion. It's not 2/3 of the members present, but of the members present and voting. Link to comment Share on other sites More sharing options...
jstackpo Posted September 25, 2012 at 03:37 PM Report Share Posted September 25, 2012 at 03:37 PM Not exactly: "majority of the entire membership" would be 4 "Yes" votes no matter how many were absent (presuming a quorum is still there) or how many chose to abstain.If 6 were there and three abstained you would only have 3 "yes" votes -- not (apparently) enough.....BUT three "Yes" votes IS a 2/3 vote of those voting so the motion would carry.You select the "easier" threshold (2/3 vote, or majority of entire membership) to determine if the motion passes. Link to comment Share on other sites More sharing options...
Sean Hunt Posted September 25, 2012 at 06:06 PM Report Share Posted September 25, 2012 at 06:06 PM I think that people are failing to count the Mayor in determining a majority of the membership. The Mayor has a vote (even if the rules unwisely restrict the use of the vote to a tie), so it requires 5 to meet a majority of the membership. Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 25, 2012 at 06:55 PM Report Share Posted September 25, 2012 at 06:55 PM I think that people are failing to count the Mayor in determining a majority of the membership. The Mayor has a vote (even if the rules unwisely restrict the use of the vote to a tie), so it requires 5 to meet a majority of the membership.Could it be a case that the Mayor is not actually a member, but is simply empowered with voting authority in cases of a tie? I suppose that is more for Guest_Richard (and his rules) to answer, but I wonder..... Link to comment Share on other sites More sharing options...
Guest Richard Posted September 25, 2012 at 07:05 PM Report Share Posted September 25, 2012 at 07:05 PM WITHOUT Previous Notice: Requires a 2/3 vote of the votes taken OR a majority vote of the entire membership. (whichever is easiest to obtain)WITH Previous Notice: A majority of the votes taken.Is this correct?Also, as Sean Hunt points out, the Mayor is a member of the membership and does have authority to vote (in cases of a tie vote). Does the Mayor count when determining the number of the membership? Is our "membership" 8 or 7?Below copy-paste from our Town code.Section 3.1. Election, qualification and term of office.A. The town shall be governed by a town council of seven members, and a mayor, all of whom shall be qualified voters of the town.B. The council and mayor in office at the time of the passage of this act, shall continue until the expiration of the terms for which they were elected, or until their successors are duly elected and qualified.C. The mayor and council shall each be elected for a term of four years and each shall serve until his successor shall have qualified. They shall be elected on the first Tuesday in May immediately preceding the expiration of the terms of their predecessors, and shall enter upon their duties on the first day of July succeeding their election.Section 3.3. Powers of mayor general.A. The mayor shall be the Chief Executive Officer of the town and it shall be his duty to see that the laws and ordinances thereof are fully executed, and he shall preside over the meetings of the town council, voting only in case of a tie. Link to comment Share on other sites More sharing options...
jstackpo Posted September 25, 2012 at 07:10 PM Report Share Posted September 25, 2012 at 07:10 PM You will have to get a lawyer familiar with your ordinances (and cases, presumably) to tell you if your mayor is a "member". We RONR-geeks don't do legal.Ask him/her if the mayor counts toward the quorum for council meetings. Link to comment Share on other sites More sharing options...
Guest Richard Posted September 25, 2012 at 07:16 PM Report Share Posted September 25, 2012 at 07:16 PM Good question JDStackpole... no, the Mayor does not count toward a quorum of the council. Four (4) members of council with or without the mayor is a quorum.Oh, and may the RONR-geeks outlive the legals... Link to comment Share on other sites More sharing options...
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