Motion to Rescind Question

[Aw84]

I'm a new member of the Town Council as of the first of this year along with 2 other members in. During a meeting at the beginning of November of 2021 a motion was passed to have a paving company perform over 101k in paving of streets. This amount was added to a motion passed in the beginning (around January) of 2021 that was for 125k. The paving company could not get to do any of the work last year and the additional 101k was added to the project to be completed in late spring 2022. There are 2 separate motions, one for 125k and the later one for 101k. Can I rescind the motion passed in the beginning of November for the 100k? Or can it be amended and push for a lower amount to be completed? This has been no work yet and I'm not 100% sure if there is a contract or not. I want to say there probably is not a contract but what if there is. The money has not been paid out as it only has been moved to include purchase orders. The previous council have passed this motion. What are my options to bring up another vote to either eliminate the 101k or lower the amount?

[Rob Elsman]

Take a look at Rescind; Amend Something Previously Adopted, RONR (12th ed.) §35.

[George Mervosh]

On 4/28/2022 at 4:07 PM, Rob Elsman said:

Take a look at Rescind; Amend Something Previously Adopted, RONR (12th ed.) §35.

Particularly 35:2 2) and 35:6 b ) .  I wouldn't even begin to think about making a motion to rescind involving a contract without first seeking the advice of the Council's solicitor.

[Gary Novosielski]

On 4/28/2022 at 4:16 PM, George Mervosh said:

Particularly 35:2 2) and 35:6 b ) .  I wouldn't even begin to think about making a motion to rescind involving a contract without first seeking the advice of the Council's solicitor.

Or perhaps the council's counsel.

[Atul Kapur]

On 4/28/2022 at 3:44 PM, Aw84 said:

The previous council have passed this motion.

To answer one parliamentary procedure question: The fact that the membership of the Town Council has changed since the original motions were passed does not restrict your ability to move to rescind or amend those motions.

It's not "the previous council" -- It's the same Town Council but with different members.

This does not take away from the advice and cautions in the other responses above.

[Josh Martin]

It must first be noted that as this involves a public body as well as (possibly) contracts, there are almost certainly questions of applicable law and the body's own rules involved here. As a result, I would strongly advise consulting the town's attorney on these matters.

To the extent that the rules of RONR are controlling, however...

On 4/28/2022 at 2:44 PM, Aw84 said:

Can I rescind the motion passed in the beginning of November for the 100k? Or can it be amended and push for a lower amount to be completed?

Either motion is permissible and requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice for adoption. (Although the council's rules or applicable law may well have other requirements which take precedence.)

On 4/28/2022 at 2:44 PM, Aw84 said:

I want to say there probably is not a contract but what if there is.

Strictly speaking, the existence of a contract does not preclude the council, as a parliamentary matter, from rescinding or amending the motions it has adopted in this regard. Failing to uphold the town's contractual obligations, however, may well have legal consequences. Further questions in that regard should be directed to an attorney.

Edited April 29, 2022 at 12:04 PM by Josh Martin