Can legislation be sent back to committee by the chair after the full body votes to prepare legislation on the matter?

[Bishoptrue]

A piece of proposed legislation was recommended to Council by a 2-1 vote from a committee of three. Then the full Council voted to prepare legislation on the matter by a vote of 6-2. (One member being absent) Does the non-voting President of Council have the authority under RONR to place the pending legislation in another committee for further review once the full Council has voted to prepare legislation? Does the President of Council have the authority to delay the preparation of said legislation because he 'controls the agenda?' Thank you for your assistance.

[E A Lemoine]

The President of any organization has no authority to do anything unilaterally unless the bylaws (or other governing document) allows for such actions. He also does not "control the agenda".

As you're speaking of a legislative matter, involving a City, you should consult with an attorney as your local laws will trump RONR.

[Kim Goldsworthy]

Can legislation be sent back to committee by the chair after the full body votes to prepare legislation on the matter?

Yes.

It is possible for an item of business to be re-committed, either back to that same committee, or to another committee.

Does the non-voting President of Council have the authority under RONR to place the pending legislation in another committee for further review once the full Council has voted to prepare legislation?

No.

(Hey, that was easy!)

Does the President of Council have the authority to delay the preparation of said legislation because he 'controls the agenda?'

No.

Even if he didn't have "control of the agenda."

(Hey, that was easy, too!)

[Kim Goldsworthy]

...

under RONR ...

...

because he controls the agenda?

Post script:

Under RONR no president controls the agenda.

That's two strikes for your president!

[Bishoptrue]

Kim,

Thank you for your lightning fast response. The first two points in your reply seem to be contradictory though. First you say yes it can be referred by the chair back to committee; then no that it cannot if the full body has voted to prepare legislation. Which is correct? The matter in question is a City Council proposed ordinance, and it has been voted by a majority of Council to prepare legislation. Also in response to another reply to my post, our City has adopted the current edition of Robert's Rules and our Council Rules provide no powers for the chair beyond keeping order. Thank you for your advice on this matter.

[Kim Goldsworthy]

First you say yes it can be referred by the chair back to committee; then no that it cannot if the full body has voted to prepare legislation.

No.

You inserted an unnecessary noun.

I said, it can be referred back to committee.

I never said, it can be referred back BY THE CHAIR back to the committee.

Then, who does the re-committing?

The assembly does the re-committing.

It is treated as a motion.

It needs a majority vote to be authorized.

No individual, no chair, no president, is empowered to do any committing nor re-committing.

If your chair is doing it, then that is wrong.

[Bishoptrue]

Kim,

Thank you again for your prompt reply of clarification, I appreciate your assistance.