Josh Pope Posted July 13, 2020 at 04:49 AM Report Share Posted July 13, 2020 at 04:49 AM a local committee came to the council asking about advise on an event and the council stated that they are leaving it up to the committee to decide and whatever they decided they would support. a couple meetings later the committee came asking for approval for a permit to proceed with the event, in which the council approved. Now the committee is coming back to the council for another permit to again proceed with the event. Now the council don't want to approval it. As the Mayor, I think this should be "Out of Order" on the grounds that they referred it committee and also approved a permit for the committee to proceed. If this council makes a motion not to prove this next permit is obstruction to allow the committee to proceed with the event they gave them authority of. If this comes to motion, as the Mayor, am in the right to call this "out of order" and not allow it to go to vote? please advise Quote Link to comment Share on other sites More sharing options...
J. J. Posted July 13, 2020 at 11:15 AM Report Share Posted July 13, 2020 at 11:15 AM Unless statute permits you to unilateral authority, your decision is subject to appeal by the members. Why is the committee coming back? If a second permit is needed, it would be a separate motion. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted July 13, 2020 at 02:46 PM Report Share Posted July 13, 2020 at 02:46 PM Since the council apparently provided authority to the committee to "proceed" with the event, I do see anything improper in the committee's making a report to the council with a recommendation either to amend the previously-issued permit or to replace the previously-issued permit with a new permit. The facts presented are a little bit vague, so my response must necessarily be a little vague, also; however, I cannot find in the facts provided any interfering rule in RONR that would give cause for such a recommendation by the committee to be ruled out of order by the chair. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted July 13, 2020 at 05:37 PM Report Share Posted July 13, 2020 at 05:37 PM (edited) 12 hours ago, Josh Pope said: a local committee came to the council asking about advise on an event and the council stated that they are leaving it up to the committee to decide and whatever they decided they would support. a couple meetings later the committee came asking for approval for a permit to proceed with the event, in which the council approved. Now the committee is coming back to the council for another permit to again proceed with the event. Now the council don't want to approval it. As the Mayor, I think this should be "Out of Order" on the grounds that they referred it committee and also approved a permit for the committee to proceed. If this council makes a motion not to prove this next permit is obstruction to allow the committee to proceed with the event they gave them authority of. If this comes to motion, as the Mayor, am in the right to call this "out of order" and not allow it to go to vote? please advise I don't see any reason, based upon the facts provided and the rules in RONR, that it would be "out of order" for the council to refuse to approve the permit, and certainly not on the grounds that "they referred it committee and also approved a permit for the committee to proceed" or that "a motion not to [ap]prove this next permit is obstruction to allow the committee to proceed with the event they gave them authority of." The fact that an assembly chooses to grant a committee certain authority and approve certain actions of the committee does not bind the assembly to approve other actions of the committee in the future. I also concur with J.J. that even if you were to rule this motion out of order, this ruling is subject to appeal (at least so far as RONR is concerned), since the assembly is the ultimate judge of its rules. It is possible there is something in the council's own rules or applicable law which would provide otherwise on this matter, but that is beyond the scope of RONR and this forum. Edited July 13, 2020 at 05:38 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Josh Pope Posted July 15, 2020 at 12:29 AM Author Report Share Posted July 15, 2020 at 12:29 AM Thank you all for your assistance...I know I was vague, but you did help!! Quote Link to comment Share on other sites More sharing options...
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