Motion to annul due to vote being taken after false testimony was given

[Ed Harrington]

Our Town Council took a vote to create an Ordinance based on testimony given by constituents. After the vote , months later , those many folks who had testified now state that they had been mislead and encouraged to testify in order to obtain an outcome. Can the Town Council now annul that vote and everything that took place while an ordinance existed due to the vote being taken after really significant false statements and testimony was given?

[Gary Novosielski]

The Council can certainly vote to Rescind (also known as Repeal or Annul ) the ordinance.  It's not necessary to establish that there was incorrect testimony, it's simply that a legislative body that passes an ordinance has the right to rescind it.

See §35 for the rules on this motion, presuming the rules in RONR apply.   The motion usually requires either

• a 2/3 vote, or
• a majority vote if previous notice of the intent to make this motion was given, or
• a vote of a majority of the entire membership of the council,

any one of which will suffice.   In a meeting where the entire Council is present, the third form will often be the easiest to satisfy.

It should be noted that rescinding the Ordinance will not mean that the ordinance never existed.  It will have existed from the time it was passed until the time it was rescinded.

[Ed Harrington]

The vote of the Council allowed the permitting of electronic billboards. One has since been built. The vote was taken and passed by majority , I believe 10-1 in favor. However, the argument in favor of annulment is that the process was tampered with. Those who gave testimony were deliberately misinformed in order to obtain their support. The process was unjust , an abuse of the process occurred. The outcome was manipulated by false pretenses. I believe that rescinding is improper as it legitimizes the outcome of an illegitimate process. Annulling it in entirety, and striking any resulting actions/outcomes of the abused process would be more appropriate. There is quite a difference between rescind and annul.

[Tom Coronite]

I believe I’m familiar with the situation (based on OP name and subject matter) and understand what you’re looking to do. Unfortunately, I don’t think you’ll find what you’re looking for in RONR. As Mr. Novosielski pointed out, rescinding the action of the Council can certainly be accomplished, per RONR, but erasing it entirely from the record is a very different matter.

[Tom Coronite]

Mr. Harrington, although it would not accomplish the annulment effect you seek, take a look at Use of a Preamble (10:16).

"When special circumstances make it desirable to include a brief statement of background, the motion should be cast in the form of a resolution..."  Again, not an annulment, but it may be a way for you to include and articulate your displeasure at the way the matter was originally handled, and thus make it part of getting it rescinded.

Edited October 15, 2021 at 01:14 PM by Tom Coronite
Typo

[Richard Brown]

I’m not so sure the motion or ordinance can be rescinded. A motion to rescind something previously adopted is not in order when something has been done as a result of the previous vote that it is impossible to undo. However, if part of the original motion is still unexecuted, the unexecuted part can be rescinded. 

For example, if the motion (or ordinance) authorized electronic billboards, rescinding the ordinance would probably have no effect on electronic billboards already constructed or permitted. However, rescinding the ordinance would prohibit future electronic billboards.

Since this is a governmental entity, it is also possible that there are controlling state statutes regarding what can be done.