laser158689 Posted January 3, 2024 at 03:17 PM Report Share Posted January 3, 2024 at 03:17 PM A main motion was taken up at session 1 but not finally disposed of. Before session 2 could take it up, it was rendered moot by actions of another party. What should happen at session 2? Presiding Officer rules it Out of Order when it comes up? Move to Postpone Indefinitely (and what if it fails)? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted January 3, 2024 at 03:31 PM Report Share Posted January 3, 2024 at 03:31 PM On 1/3/2024 at 9:17 AM, laser158689 said: A main motion was taken up at session 1 but not finally disposed of. Before session 2 could take it up, it was rendered moot by actions of another party. What should happen at session 2? Presiding Officer rules it Out of Order when it comes up? Move to Postpone Indefinitely (and what if it fails)? I'm not sure it is possible to answer this question without knowing more details. I can imagine circumstances in which the motion may be out of order because it no longer contains any rational proposition, or for some other reason. I can also imagine circumstances in which the motion may be ill-advised, but still in order. To the extent the motion is no longer in order, the chair should rule it out of order. If it remains in order, Postpone Indefinitely may well be a reasonable solution. If this fails for some reason, I don't know that I can guess at what happens next without additional facts. Quote Link to comment Share on other sites More sharing options...
laser158689 Posted January 3, 2024 at 03:55 PM Author Report Share Posted January 3, 2024 at 03:55 PM Town legislative body was debating an amendment to an existing ordinance. Another Town body (which originally created that ordinance and believed that gave it sole authority over it) rescinded the entire ordinance (in its view, to allow the legislative body to act). So, the legislative body will be presented with taking up again a motion to amend an ordinance which no longer exists. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 3, 2024 at 05:33 PM Report Share Posted January 3, 2024 at 05:33 PM If it's possible for other town bodies--other than the legislative one--to create and rescind legislation on their own initiative, I can't begin to guess what, if anything, happens, or why. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted January 3, 2024 at 05:36 PM Report Share Posted January 3, 2024 at 05:36 PM On 1/3/2024 at 9:55 AM, laser158689 said: Town legislative body was debating an amendment to an existing ordinance. Another Town body (which originally created that ordinance and believed that gave it sole authority over it) rescinded the entire ordinance (in its view, to allow the legislative body to act). So, the legislative body will be presented with taking up again a motion to amend an ordinance which no longer exists. This sounds rather puzzling, but to the extent that the ordinance is, in fact, validly rescinded (a question I express no view on and sounds like a problem for the town's attorneys), and it is indeed true that the motion is "to amend an ordinance which no longer exists," I believe the chair should rule the motion out of order on the grounds that it contains no rational proposition for the body to act on. Quote Link to comment Share on other sites More sharing options...
laser158689 Posted January 3, 2024 at 07:04 PM Author Report Share Posted January 3, 2024 at 07:04 PM @Gary Novosielski News to most of the town as well! Apparently, the Board of Health has some authority to pass health-related ordinances, which included a noise ordinance. There is a recurring desire to ban gas-powered leaf blowers, so some "jurisdictional" question of BoH vs town legislative body. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 3, 2024 at 08:32 PM Report Share Posted January 3, 2024 at 08:32 PM Are you certain these are ordinances? Quite often the legislative body passes ordinances which empower some officer or board to develop and promulgate regulations to implement the provisions of the ordinance. In other words, not every rule is an ordinance. Quote Link to comment Share on other sites More sharing options...
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