Relevant to Sucette Harbor Meetings
Mandeville Daily has assembled a cheat sheet of the Robert’s Rules of Order excerpts that have had or might have some bearing on the Sucette Harbor deliberations.
Amendments to ordinances are ‘subsidiary motions’
§12:1
“The subsidiary motion to Amend is a motion to modify the wording—and within certain limits the meaning—of a pending motion before the pending motion itself is acted upon.”
Robert’s Rules of Order clearly defines an amendment as a subsidiary motion which is enacted on a main motion, or ordinance. This is important because most of the tactics to undo the effects of the previous amendments are only applicable to ‘main motions.’
Motions to ‘Rescind’ and ‘Amend Something Previously Adopted’ apply to previously adopted ‘main motions,’ such as ordinances
§35:1
“By means of the motions to Rescind and to Amend Something Previously Adopted—which are two forms of one incidental main motion governed by identical rules—the assembly can change an action previously taken or ordered. Rescind—also known as Repeal or Annul—is the motion by which a previous action or order can be canceled or countermanded. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted at some previous time. Amend Something Previously Adopted is the motion that can be used if it is desired to change only a part of the text, or to substitute a different version.”
These allow the assembly (the council) to strike or modify previously adopted main motions such as ordinances but not subsidiary motions like amendments.
’Rescind’ and ‘Amend Something Previously Adopted’ can only be applied to ‘main motions’ that have been adopted
§35:2
“2. Can be applied to anything (e.g., bylaw, rule, policy, decision, or choice) which has continuing force and effect and which was made or created at any time or times as the result of the adoption of one or more main motions. (However, see below for actions that cannot be rescinded or amended.) All of the subsidiary motions can be applied to the motions to Rescind and to Amend Something Previously Adopted.”
These can only be applied to main motions which have already been adopted. Ordinance 23-16 has not been adopted. Furthermore, these cannot be applied to subsidiary motions which is what amendments are.
An amendment cannot alter or nullify a previously adopted amendment
§12:25
“It should be noted that many of the rules governing the different forms of amendment are particular applications of the following principle: After the assembly has voted that certain words (or a certain paragraph) shall, or shall not, form part of a pending resolution, it is not in order, during the same session at which that vote was taken, to make another motion to Amend that raises the same question of content and effect. Common sense should guide the presiding officer in interpreting the rules, both to give freedom for improvement of the main motion finally to be voted on, and at the same time to protect the assembly from motions for amendment that present questions it has already decided.”
Robert’s Rules of Order defines a ‘session’ as being a single meeting or multiple meetings. This means Zuckerman’s amendment from July 12th cannot be nullified or altered by a new amendment on the same ordinance, even days or weeks later.
Amendments can be ‘reconsidered’ by the council under certain circumstances
§12:7 (8)
“Can be reconsidered.”
This is what opened the door to ‘reconsideration’ of an adopted amendment but strictly in accordance with §37 or Robert’s Rules of Order. Once Parnell Jr. and Danielson realized Zuckerman’s first point of order had to be well-taken, they moved to the motion to reconsider as the path to lift the 90-unit limit.
Council has latitude over what they choose to ‘reconsider’
§37:1
“Reconsider—a motion of American origin—enables a majority in an assembly, within a limited time and without notice, to bring back for further consideration a motion that has already been voted on. The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of the vote.”
The wording here suggests the City Council can reconsider previous actions for a wide array of reasons and not just for new or added information. Even a swing vote having changed their mind could be used as justification. Who could argue if a council member says ‘I was hasty in my vote and hadn’t reflected properly.’
Only amendments on ordinances that have not been adopted and are before the council can be ‘reconsidered’
§37:9 (2)(h)
“In the case of subsidiary or incidental motions that adhered to a main motion, however, Reconsider can be applied only in such a way that the reconsideration takes place while the main motion to which they adhered is pending—either before the main motion is voted on or when it is being reconsidered at the same time.”
Amendments can only be ‘reconsidered’ while the main motion (ordinance) is before the council and before a final vote occurs. Once an ordinance is adopted, all amendments become the ordinance and cease to exist separately.
Debate on motion to reconsider can consider merits of item to be reconsidered
§37:18
“Whenever the motion to Reconsider is taken up, it is debatable if the motion proposed to be reconsidered is debatable, and debate can go into the merits of the question proposed to be reconsidered, as noted in Standard Characteristic 5.”
During debate on whether to reconsider the 90-unit-limit amendment from July 12th, Danielson attempted to rule — and Kreller concurred — that Zuckerman’s request to have that original amendment read aloud was “out of order” when clearly that is not the case.
A motion to ‘reconsider’ an amendment is subject to time limits
§6:26 (4)
“If, in the same session that a motion has been voted on but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to Reconsider (37) the vote, propose that the question come before the assembly again as if it had not previously been voted on.”
§37:10 (b)
“The making of this motion is subject to time limits, as follows: In a session of one day—such as an ordinary meeting of a club or a one-day convention—the motion to Reconsider can be made only on the same day the vote to be reconsidered was taken. In a convention or session of more than one day, a reconsideration can be moved only on the same day the original vote was taken or on the next succeeding day within the session on which a business meeting is held. ”
§37:8 (b)
“Except in committees, it must be moved either on the same day the original vote was taken or on the next succeeding day within the same session on which a business meeting is held.”
A motion to ‘reconsider’ an amendment must be done at the same meeting or at the very next meeting if part of a multi-meeting or multi-day session. This is where Parnell Jr. returned inaccurate information to the council chairman in an attempt to find a workable way for Kreller to move to undo the 90-apartment limit. The result was, Zuckerman’s second point of order ended up being well-taken also.
Excerpts From
Robert’s Rules of Order Newly Revised, 12th edition
Henry M. Robert III, Daniel H. Honemann, Thomas J. Balch, Daniel E. Seabold & Shmuel Gerber
https://books.apple.com/us/book/roberts-rules-of-order-newly-revised-12th-edition/id1502060875
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