Removing an approved agenda item from meeting minutes

[Guest Jen]

Our City Council met, approved the agenda, discussed the items on the agenda, and adjourned the meeting.  The next day, a Councilman is requesting that we remove an item from the agenda and meeting altogether because it was about a railway crossing in town that is not owned by the City.  He states, "we don't own the ground or the crossing so it's not really City business."  However, it was on the approved agenda, and it was discussed.   The City does own the ground on the other side of the railway crossing, but the crossing itself is the issue that was discussed.

[Josh Martin]

On 9/18/2024 at 3:31 PM, Guest Jen said:

Our City Council met, approved the agenda, discussed the items on the agenda, and adjourned the meeting.  The next day, a Councilman is requesting that we remove an item from the agenda and meeting altogether because it was about a railway crossing in town that is not owned by the City.  He states, "we don't own the ground or the crossing so it's not really City business."  However, it was on the approved agenda, and it was discussed.   The City does own the ground on the other side of the railway crossing, but the crossing itself is the issue that was discussed.

I express no view on the issues relating to the city's ownership of the crossing and whether or not the crossing is "city business," but it seems to me these complaints should have been raised earlier.

As a parliamentary and practical matter, since the meeting is already over and this item was already discussed, it does not seem to me that this item can be removed from the agenda, unless the City Council is in possession of a time machine.

The agenda is simply the order in which the assembly intends to consider the items of business at the meeting. Since the agenda and the items on it have already been completed, there is nothing to be accomplished at this time by amending the agenda. I don't quite know what is meant by removing the item from the meeting, since I would again note this is a meeting which has already occurred.

Similarly, the item should not be removed from the minutes, as the minutes are simply intended to be an accurate and complete record of what occurred at the meeting. Even supposing for the sake of argument that the council should not have discussed this item (which I think is what the council member is arguing), this is immaterial. The minutes should record what actually happened, even if it's not what should have happened.

The council member is free to suggest that the council rescind or amend any actions adopted by the council in this matter (subject to any limitations in the council's rules or applicable law) and is free to suggest that this item not be included on future agendas. But it is not in order to remove this item from an agenda for a meeting in the past, nor would doing so accomplish anything.

Since this is a public body, I would also suggest the council consult its own clerks and attorneys on this matter, and to the extent their advice differs from my own, I suggest listening to them, since they will be familiar with the council's own rules and applicable law, and I am not.

Edited September 18, 2024 at 10:12 PM by Josh Martin

[Gary Novosielski]

On 9/18/2024 at 6:09 PM, Josh Martin said:

Since this is a public body, I would also suggest the council consult its own clerks and attorneys on this matter, and to the extent their advice differs from my own, I suggest listening to them, since they will be familiar with the council's own rules and applicable law, and I am not.

I agree.  While messing up the minutes of the Altoona Fancy Cat Club might not raise an eyebrow, falsifying the records of a public body, or conspiring to do so, is something that that I would hesitate to be involved in.

[Richard Brown]

I agree with my colleagues. Don’t change the minutes.

[Gary Novosielski]

Besides, discussing things you don't own is not against the law.  I do it all the time.  It would be different if you had voted to dig it up.  And even then, you would not change the minutes.  You would simply rescind or declare the motion null and void.