If you needed 2/3 to pass, do you need 2/3 to rescind

[Guest Terence]

In our City, it requires a 2/3 vote to do a supplemental appropriation from the General Fund of over $10,000.00. We passed a supplemental about two months ago of over $250k with a 2/3 vote. Now, one Councilor wants to rescind it. Putting away when a Motion to Rescind requires a majority or 2/3, if the original motion required 2/3 to pass, would they need 2/3 to rescind?

[George Mervosh]

2 hours ago, Guest Terence said:

In our City, it requires a 2/3 vote to do a supplemental appropriation from the General Fund of over $10,000.00. We passed a supplemental about two months ago of over $250k with a 2/3 vote. Now, one Councilor wants to rescind it. Putting away when a Motion to Rescind requires a majority or 2/3, if the original motion required 2/3 to pass, would they need 2/3 to rescind?

"In an assembly, except when applied to a constitution, bylaws, or special rules of order, require (a) a two-thirds vote, (b) a majority vote when notice of intent to make the motion, stating the complete substance of the proposed change, has been given at the previous meeting within a quarterly time interval or in the call of the present meeting, or (c) a vote of a majority of the entire membership—any one of which will suffice."  RONR (12th ed.), 35:2 (7)  This is the rule regardless of whether or not the original adopted main motion required a 2/3 vote. (there are exceptions for committees).

As a public body you may have rules which supersede this. You should check with your city attorney to determine the vote required and to be sure it even can be rescinded at this point.

Edited February 11, 2021 at 10:09 PM by George Mervosh