How to Present a Resolution and an Ordinance

[Sandy Sunshine Girl]

Hello!

I have only served as a County Board Member a little over a year now.  Three months in, I contacted my States Attorney's office who wrote up a Resolution per my request. I then presented it to our Law Committee (which I serve on). The vote ended in a tie. The Resolution then went to the next Full County Board meeting for a full vote and passed. I am in the position to do this again on another matter but I am also asking for an Ordinance as well should anyone break the Resolution. However, this time I am having to deal with our Assistant States Attorney who is telling me the following:

"Sandy –

The resolution is in the hands of the committee.  It can be discussed at the next meeting and whatever changes, if any, the committee decides to make can be made and then the committee can vote and make its recommendation to the county board.

As for an ordinance, when our office receives direction from the committee as to what exactly is desired, we can assist in preparing something for the committee to take action on.  The committee needs to meet and come to a consensus on whether they even want such an ordinance and then what the framework of that ordinance should be.  It is not the duty of the State’s Attorney’s Office to draft resolutions and ordinances simply at the request of individual board members.  Different board members might want different things.  This is the very reason the committee process exists. 

Dan"

If this is the proper Protocol, then why did the States Attorney do it another way with my first Resolution? This cannot be correct. If it were to be true, I could not see anyone accomplishing anything as it would only result in heated arguments and heated debates and not go anywhere.  Is there proper in writing Robert's Rules for: 'How to bring forth and present a Resolution and Ordinance'?  I don't believe it is important to know the subject on the Resolution and Ordinance. But if it helps getting to the bottom and finding the correct answer I can share that with anyone. I just didn't want to make this lengthy.

I would be grateful for a full conversation on this. And if you find it anywhere in Robert's Rules, I would love to know where that can be found.

Be Blessed~

Mrs. Sandy Hoos
🙂

[Gary Novosielski]

I think the State's Attorney's office did you a favor by writing the resolution for you.  It's probably not their job.  I'm a little confused how the first resolution got to the whole county board when it failed in committee.

In any case RONR assumes the resolutions will be written  by the members, possible with outside advice.  If I interpret that message to you to mean that your committee must decide whether and what sort of ordinance is needed, will deliberate on the details until an agreement is reached, and then send the resulting resolution to the State's Attorney for review and cleanup, ensuring it meets proper legal form.  

It seems plausible to me.

RONR does not deal specifically with governmental actions such as developing ordinances, but concentrates on the conduct of business and debate during meetings for whatever purpose the meeting might have.  It has examples and instructions on the proper form of a Resolutions and Orders 10:13-24 (but not ordinances).  It won't have much to say about the content of these, since that will depend on the organization that is meeting.

[Josh Martin]

On 1/31/2024 at 8:07 PM, Sandy Sunshine Girl said:

I have only served as a County Board Member a little over a year now.

I would note that your County Board is almost certainly governed by its own rules and by applicable law, and such rules will take precedence over RONR. So while I will do my best to answer your question, I think you would be better served by directing this question to the county board's clerks and attorneys.

On 1/31/2024 at 8:07 PM, Sandy Sunshine Girl said:

If this is the proper Protocol, then why did the States Attorney do it another way with my first Resolution?

I don't know. I suppose that's a question for the States Attorney.

On 1/31/2024 at 8:07 PM, Sandy Sunshine Girl said:

Is there proper in writing Robert's Rules for: 'How to bring forth and present a Resolution and Ordinance'?

Information on the drafting of motions generally, as well as resolutions, can be found in RONR (12th ed.) 10:9-25.

RONR has no guidance on the drafting of ordinances specifically. I would advise consulting the board's clerks and attorneys on that matter.

[Sandy Sunshine Girl]

Thank you, Gary, for your immediate reply. I believe the States Attorney's office represent Board members. Please tell me what RONR stands for?
I am seeing many county Boards in Illinois pass not only Resolutions pertaining to the many busses dropping off illegal aliens but also strong Ordinances against this practice. Tell me something, who is writing up these legal petitions for the Full Boards to pass if it is not their States Attorney offices?

[Sandy Sunshine Girl]

Hello Josh, and thank you for those responses!

[Joshua Katz]

Although not quite the same, you might consider the analogy to a board that oversees employees. No board member may give instructions to those employees (unless the bylaws say otherwise), but the board itself directs them through motions. 

[Josh Martin]

On 2/2/2024 at 11:48 AM, Sandy Sunshine Girl said:

I believe the States Attorney's office represent Board members...

I am seeing many county Boards in Illinois pass not only Resolutions pertaining to the many busses dropping off illegal aliens but also strong Ordinances against this practice. Tell me something, who is writing up these legal petitions for the Full Boards to pass if it is not their States Attorney offices?

In case anyone else had the same confusion I did, I would point out for the benefit of my fellow posters that after some searching I discovered that "State's Attorney," in the State of Illinois, refers to the chief legal officer for a county government. I am more familiar with the terms "County Attorney" or "District Attorney" for this position. So I was very puzzled by the original question, because I thought the State's Attorney worked for the state.

With this understanding, the original question makes a lot more sense, and I do think it is correct that resolutions (and certainly ordinances) should quite likely be drafted by the State's Attorney's Office. As to how you get there, that will depend on the rules and customs of your board. I might suggest speaking with more experienced members of the board and ask how they have gone about drafting resolutions and ordinances. Perhaps, for example, you could talk to the chair of the committee with jurisdiction over this issue.

On 2/2/2024 at 11:48 AM, Sandy Sunshine Girl said:

Please tell me what RONR stands for?

Robert's Rules of Order Newly Revised

But I think you might be better served by looking up the rules of your county board. Those rules may have more guidance on these processes. RONR is a very general work on parliamentary procedure for all types of organizations, public and private, and I expect will not have the level of detail needed for what you are looking to do.

Edited February 2, 2024 at 09:00 PM by Josh Martin

[Sandy Sunshine Girl]

Much obliged Joshua Katz and Josh Martin for the added commentary!!! You all above are helpful and also gracious for reaching out to my inquiry. 

[Gary Novosielski]

On 2/2/2024 at 12:48 PM, Sandy Sunshine Girl said:

Thank you, Gary, for your immediate reply. I believe the States Attorney's office represent Board members. Please tell me what RONR stands for?
I am seeing many county Boards in Illinois pass not only Resolutions pertaining to the many busses dropping off illegal aliens but also strong Ordinances against this practice. Tell me something, who is writing up these legal petitions for the Full Boards to pass if it is not their States Attorney offices?

I would assume that these county boards have their own legal counsel to advise them on drafting such resolutions if the members themselves do not have enough experience to do so.

[Josh Martin]

On 2/3/2024 at 8:17 PM, Gary Novosielski said:

I would assume that these county boards have their own legal counsel to advise them on drafting such resolutions if the members themselves do not have enough experience to do so.

Yes, and apparently, the State's Attorney's office is the county board's legal counsel. I know, it's confusing.

On 2/2/2024 at 2:57 PM, Josh Martin said:

In case anyone else had the same confusion I did, I would point out for the benefit of my fellow posters that after some searching I discovered that "State's Attorney," in the State of Illinois, refers to the chief legal officer for a county government. I am more familiar with the terms "County Attorney" or "District Attorney" for this position. So I was very puzzled by the original question, because I thought the State's Attorney worked for the state.