I have a story in today’s newspaper about how City Council members might reconsider a vote taken last week to extend the city’s landfill contract with Houston-based Waste Management.
Mayor Bob Coble told me that’s something the council hasn’t done during his 20 years as mayor. So how could council members legally reverse themselves? That’s not clear. Section 2-53 of the city codes states:
“Except as otherwise required by state law or ordinance, all proceedings of the council shall be governed by Robert’s Rules of Order, Newly Revised, and the city attorney shall act as parliamentarian.”
I found a copy of Robert’s Rules of Order in The State’s library. Here’s what it says about reconsidering:
“When a question has been once adopted, rejected or suppressed, it cannot be again considered during that session, except by a motion to ‘reconsider the vote’ on that question. This motion can only be made by one who voted on the prevailing side, and on the day the vote was taken which it is proposed to reconsider, or on the next succeeding day.”
My reading of that rule means City Council can’t reconsider because a week has passed, missing the “next succeeding day.” But Robert’s rules also includes this note:
“When a motion to reconsider is entered on the minutes, it need not be called up by the mover till the next meeting, on a succeeding day. If he fails to call it up then, any one else can do so. But should there be no succeeding meeting, either adjourned or regular, within a month, then the effect of them motion to reconsider terminates with the adjournment of the meeting at which it was made, and any one can call it up at that meeting.”
It could be awhile before council sorts all of this out.
The only other time I have come across this is last year when the Richland County Council was voting on whether to place a referendum on the November 2008 ballot for a sales tax increase to pay for road improvements and public transportation. Council member Kit Smith, who was for the referendum, was absent from the meeting. It was obvious from the debate that council did not have the votes to approve the referendum with Councilwoman Smith absent. So when it came time to vote, Councilman Paul Livingston, who was for the referendum, voted to kill it.
Livingston knew Robert’s Rules of Order, and he knew only someone on the prevailing side could make a motion to reconsider. Livingston’s plan was to make a motion to reconsider at a later meeting, when Councilwoman Smith was present, and presumably overturn the council’s previous decision and approve the referendum.
It didn’t work.
The question is will it work for City Council?
Adam Beam covers the City of Columbia for The State newspaper. Here, he blogs about local government. Reach him at (803) 386-7038 or abeam@thestate.com
How to reconsider
I have a story in today’s newspaper about how City Council members might reconsider a vote taken last week to extend the city’s landfill contract with Houston-based Waste Management.
Mayor Bob Coble told me that’s something the council hasn’t done during his 20 years as mayor. So how could council members legally reverse themselves? That’s not clear. Section 2-53 of the city codes states:
I found a copy of Robert’s Rules of Order in The State’s library. Here’s what it says about reconsidering:
My reading of that rule means City Council can’t reconsider because a week has passed, missing the “next succeeding day.” But Robert’s rules also includes this note:
It could be awhile before council sorts all of this out.
The only other time I have come across this is last year when the Richland County Council was voting on whether to place a referendum on the November 2008 ballot for a sales tax increase to pay for road improvements and public transportation. Council member Kit Smith, who was for the referendum, was absent from the meeting. It was obvious from the debate that council did not have the votes to approve the referendum with Councilwoman Smith absent. So when it came time to vote, Councilman Paul Livingston, who was for the referendum, voted to kill it.
Livingston knew Robert’s Rules of Order, and he knew only someone on the prevailing side could make a motion to reconsider. Livingston’s plan was to make a motion to reconsider at a later meeting, when Councilwoman Smith was present, and presumably overturn the council’s previous decision and approve the referendum.
It didn’t work.
The question is will it work for City Council?