Emergency Passage of Ordinance Failed

[Guest Andrew]

Our city council has an alderman vacancy that the mayor tried to appoint someone into that seat thru emergency passage of an ordinance at a regular city council meeting requiring a 2/3rds majority vote without going thru the committee process. Ordinances that go thru the committee process and then to regular city council meeting only require a simple majority for passage.  The vote failed, only receiving 3 votes out of 9 votes possible and the appointee was not confirmed.  Now the mayor is trying to appoint the same person using the same ordinance going thru the committee process and then the regular city council meeting.  Our state statute stipulates that if a confirmation vote fails the mayor must present his second choice for appointment consideration to the seat.  And no where in our Rules & Procedures does it state that ordinances that fail emergency passage get a re-vote.  To some of us on the city council that first vote was the confirmation vote and it failed requiring the mayor to present his second choice.  I cant find anything in Robert's Rules of Order regarding emergency passage or how those get reconsidered, if at all.  Any help would be greatly appreciated.  Thanks! 

[Richard Brown]

Guest Andrew I’m afraid your question is more of a legal question involving interpretation of state law and your own city charter, ordinances and rules and is outside the scope of this forum.  

As far as the rules in RONR are concerned, a motion which fails at one meeting may be renewed (introduced again) at the next meeting or at any subsequent meeting. However, State law and your own rules supersede the rules in RONR.
 

[Guest Andrew]

Richard - thank you for your response.  In regards to Robert's Rules of Order as it relates to failed motions, if an ordinance fails on emergency passage, its dead, right?  It doesn't simply get referred back to committee for a re-vote at a subsequent meeting?  The mayor would have to file a new ordinance.  Our rules and procedures does not state what happens if an emergency passage fails a 2/3rd majority.  It just fails.  State laws states that if a confirmation vote fails, then the second choice is submitted.  I guess the question primarily revolves around what happens if an ordinance placed on emergency passage fails to achieve the votes required, does Robert's Rules of Order cover that issue if our rules and procedures do not.   

[Atul Kapur]

As Mr. Brown stated,

1 hour ago, Richard Brown said:

As far as the rules in RONR are concerned, a motion which fails at one meeting may be renewed (introduced again) at the next meeting or at any subsequent meeting.

The motion that failed at the one meeting could not be brought back to the same meeting (other than through reconsideration). Under RONR, it may be introduced again at a future meeting. But you have told us that there are state laws that you believe apply. Consult a lawyer about how those.

[Josh Martin]

1 hour ago, Guest Andrew said:

In regards to Robert's Rules of Order as it relates to failed motions, if an ordinance fails on emergency passage, its dead, right?

RONR doesn't have anything called "emergency passage" and therefore says nothing in regards to that specifically. RONR also has nothing to say specifically regarding ordinances.

As a general rule, if a motion is defeated, it is indeed "dead." The motion may nonetheless generally be reconsidered (under the strict time limits for doing so) or may be renewed (that is, made again) at a future meeting.

1 hour ago, Guest Andrew said:

It doesn't simply get referred back to committee for a re-vote at a subsequent meeting?

It is correct that a motion which is defeated is not automatically "referred back to committee for a re-vote at a subsequent meeting," but it can be brought back at a subsequent meeting by a member simply making the motion again.

1 hour ago, Guest Andrew said:

The mayor would have to file a new ordinance.

That's part of your rules (or state law). Under RONR, a motion may be made simply by obtaining recognition at a time when the motion is in order, such as during New Business while no other business is pending. Public bodies frequently have additional rules on this subject, but what those rules might require is beyond the scope of RONR and this forum.

1 hour ago, Guest Andrew said:

I guess the question primarily revolves around what happens if an ordinance placed on emergency passage fails to achieve the votes required, does Robert's Rules of Order cover that issue if our rules and procedures do not.   

RONR does cover what happens to defeated motions generally, but it has nothing regarding ordinances or emergency passage specifically. Additionally, since your council's rules and state law have their own rules relating to introducing ordinances, what RONR says about defeated motions will not be fully applicable.

So this question is ultimately a question of interpreting your council's rules and state law.

Edited March 6, 2021 at 08:23 PM by Josh Martin