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Dead Items being brought back for revote


Guest linda silva

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when an agenda item requires a majority vote before an elected school board and the item does not receive a majority vote - the motion dies.  When can that same item come before the Board again for a revote.  We understand that the only way it can make a come back is at the request of a member that previously voted no.  If not, who and when can it come before the Board as an agenda item.  If there is violation to the Brown Act, please reference the violation and what action can be taken against the Board for violation?  Any input would be very helpful.

 

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when an agenda item requires a majority vote before an elected school board and the item does not receive a majority vote - the motion dies.  When can that same item come before the Board again for a revote.  We understand that the only way it can make a come back is at the request of a member that previously voted no.  If not, who and when can it come before the Board as an agenda item.  If there is violation to the Brown Act, please reference the violation and what action can be taken against the Board for violation?  Any input would be very helpful.

 

As far as Robert's Rules are concerned any member may make the motion again at a subsequent session, regardless of how, or if they voted on the motion the first time. RONR (11th ed.), p. 336ff    We cannot advise you regarding any statutory concern you may have.  Consult your board's solicitor.

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When can that same item come before the Board again for a revote.  We understand that the only way it can make a come back is at the request of a member that previously voted no.  If not, who and when can it come before the Board as an agenda item.

 

The motion to Reconsider can be used to bring the motion back before the assembly. Only a member who previously voted no could move to Reconsider a defeated motion. This can be done at any time during the board meeting.

 

At a later meeting, any member may make the motion again (this is called renewing the motion), regardless of how (or if) they voted on the previous motion.

 

If there is violation to the Brown Act, please reference the violation and what action can be taken against the Board for violation?

 

Ask a lawyer.

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