A majority of the City Commission approves an action that is later found to be illegal pursuant to state statute.

[Guest O SdF]

What is the proper procedure to invalidate a motion that was approved at a previous City Commission meeting, but is later found to be illegal by the City Attorney.

Specifically this was for a grant to a not profit organization, without competitive bidding and solicitation which is required by State statute due to the amount of the grant.

[George Mervosh]

24 minutes ago, Guest O SdF said:

What is the proper procedure to invalidate a motion that was approved at a previous City Commission meeting, but is later found to be illegal by the City Attorney.

Specifically this was for a grant to a not profit organization, without competitive bidding and solicitation which is required by State statute due to the amount of the grant.

You should first obtain the city attorney's advice.

As far as the rules in RONR go, RONR does say that a point of order can be raised at any time if:

"any action has been taken in violation of applicable procedural rules prescribed by federal, state, or local law, "   RONR (12th ed.) 23:6 c)

If that's not the case the motion can be rescinded if it's not been carried out.  See §35.

Again, the city attorney is the one to advise you in anything related to a legal matter.  We cannot even be certain the rules in RONR apply here.

Edited February 9, 2021 at 09:56 PM by George Mervosh

[J. J.]

I will note that the commission may be violating the law to test it in court.  RONR does not prohibit that in general.  An action may be in order, but still a violation of the law.