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Guest Doug

does motion to rescind need to appear on agenda?

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Guest Doug

In City Council a motion to defund an item was made at our March meeting and passed unanimously. In November the item again appears on the agenda to consider funding. Can a motion to recind the first vote be made before approval of agenda and then the item be considered for funding in the same meeting? No notice to recind was given, it simply appears on the agenda.

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Usually a (new) motion to Rescind would be considered in New Business though the rules could be suspended to consider it earlier.  However, it is unclear if a motion to Rescind would be the correct one in this case.  The motion to defund the item in March may or may not have been a motion to Rescind/Amend a previously adopted motion originally funding it in which case the November one might be a simple Main Motion.  A lot more detail would be necessary to say for sure.

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It doesn't seem to me that two motions are needed. Depending on the wording of the March motion, a motion to rescind may not be needed at all (you don't  rescind something you're not doing). This may simply be a motion renewing something.

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Guest Doug

I see, thank you for your feedback.

We do not have a section for New Business, we only receive a list of items to be considered. So the first question to Council is for modifications to the agenda (additions etc.). Then an ask for approval of agenda.

The item in question was originally introduced as part of a Comprehensive Improvement Plan comprised of many items and asking for approval. In March it was first moved that this particular item be defunded before the plan was moved for approval.

If is confusing because the Councilman pushing this item also brought it to committee where it was tabled and still sits. 

    

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2 hours ago, Guest Doug said:

I see, thank you for your feedback.

We do not have a section for New Business, we only receive a list of items to be considered. So the first question to Council is for modifications to the agenda (additions etc.). Then an ask for approval of agenda.

The item in question was originally introduced as part of a Comprehensive Improvement Plan comprised of many items and asking for approval. In March it was first moved that this particular item be defunded before the plan was moved for approval.

If is confusing because the Councilman pushing this item also brought it to committee where it was tabled and still sits. 

    

Oh, that's a different matter.  If the matter is in committee, it can't be considered by the full council until the committee has reported, or until it has been Discharged.  So neither a motion to Rescind, nor one to renew the funding, would be in order.

You might want a motion to Discharge the committee from further consideration of the matter.  This would take a 2/3 vote, unless the committee had passed its deadline for reporting, in which case it would take a majority.  Then the matter would once again be in the hands of the full council.

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Guest Doug

Gary, Atul, Chris:

Thank you for your quick and valuable advice and feedback. I greatly appreciate your help.

Doug

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1 hour ago, Gary Novosielski said:

a motion to Discharge the committee from further consideration of the matter.  This would take a 2/3 vote, unless the committee had passed its deadline for reporting, in which case it would take a majority. 

A motion to Discharge a Committee can be adopted by

a) a 2/3 vote, or

b) a majority vote if notice has been given, or

c) a vote of the majority of the entire membership.

This third option is more common in smaller bodies, such as a Council. For example, if your Council has 9 members, then any vote with 5 or more affirmative votes would adopt a motion to Discharge a Committee, whether notice was given or not.

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14 minutes ago, Atul Kapur said:

A motion to Discharge a Committee can be adopted by

a) a 2/3 vote, or

b) a majority vote if notice has been given, or

c) a vote of the majority of the entire membership.

This third option is more common in smaller bodies, such as a Council. For example, if your Council has 9 members, then any vote with 5 or more affirmative votes would adopt a motion to Discharge a Committee, whether notice was given or not.

Good catch; thank you.

I was thinking of one of the other two special cases where a majority is sufficient even without notice: 

Quote

 

(a) if the committee fails to report within a prescribed time as instructed, and

(b) while the assembly is considering any partial report of the committee.

 

In any case, it appears that a Discharge motion rather than one to Rescind should be on the agenda for next time.

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3 hours ago, Atul Kapur said:

That assumes that the  Council follows RONR regarding committees. We've seen enough to put that assumption in doubt.

Yes, it does assume that the OP is barking up the right tree, as my signature suggests.

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