1990-12 Defining Assembly Procedures for Reconsideration and Rescissionthat:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90 -12
By: KIB Assembly
Introduced: 03/06/90
Public Hearing: 04/05/90
Adopted: 04/05/90
AN ORDINANCE DEFINING ASSEMBLY PROCEDURES
FOR RECONSIDERATION AND RESCISSION
BE IT ORDAINED by the Kodiak Island Borough Assembly
Section 1. This ordinance is of a general and permanent
nature and shall become a part of the Code of Ordinances.
Section 2. Section 2.17.070 is amended by adding new
subsections to read:
N. The assembly may amend, repeal, rescind or reconsider-an
ordinance by enacting another ordinance.
O. A motion to reconsider may be applied to any ordinance,
resolution, or action of the assembly and has precedence over all
motions except the motion to adjourn. An assemblymember may make
a motion to reconsider only if:
1. The assemblymember voted with the prevailing side on
the question to be reconsidered. If an ordinance, resolution, or
other action which is the subject of a motion to reconsider, was
not adopted on initial consideration because it did not receive the
required number of "yes" votes, then those assemblymembers voting
"no" shall constitute the prevailing side, regardless of the
relative number of "yes" and "no" votes cast on the question. An
assemblymember who changes his vote in accordance with these rules
shall be a member of the side on which his vote is finally recorded
by the clerk; and if
2. The assemblymember makes the motion to reconsider on
the same day and at the same meeting at which the vote to be
reconsidered was taken. Such a motion for reconsideration requires
a two- thirds vote to carry; or if
3. Two assemblymembers file with the clerk not later than
five p.m. on the first borough business day following the day on
which the vote was taken, a notice of intent to reconsider and then
makes the motion to reconsider at the next regular assembly
meeting. The assemblymember can file by telephone provided that
the notice of intent to reconsider is signed before the motion is
considered. Such a motion for reconsideration requires a majority
vote to carry. An assembly meeting which is recessed and
reconvened on a different day shall constitute one meeting. The
reconvened session of such a meeting shall not constitute the "next
regular assembly meeting" as that term is used in this section.
Ordinance No. 90 -12
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Only one motion to reconsider shall be entertained on any
ordinance, resolution or other action even if the assembly
overturns the original action. If a motion to reconsider a
particular ordinance, resolution, or other action fails, a second
motion to reconsider the same action shall not be in order.
P. A motion to rescind may be applied to any previously
adopted ordinance, resolution, or action of the assembly except:
1. When the question could be reached by a motion to
reconsider; or
2. When something has been done, as a result of the vote
on the main motion, that is impossible to undo or persons have
otherwise reasonably relied on the vote to their detriment. (The
unexecuted part of an action, however, can be rescinded); or
3. When the matter is in the nature of a contract, and the
other party has been informed of the vote; or
4. When a resignation has been acted upon, or a person has
been elected to or expelled from membership or office, and the
person was present or has been officially notified of the action.
A motion to rescind may be made at any subsequent assembly
meeting and there is no time limit on when the motion can be made.
A motion to rescind shall not be renewed during the same meeting at
which it was made, but it may be reconsidered in the same manner as
any other main motion.
A motion to rescind yields to all privileged, subsidiary and
incidental motions and it requires the same vote as that required
to pass the previously adopted action. There shall be no more than
one motion to rescind on a question. If the motion to rescind
passes, the question on the main motion is automatically before the
assembly for further action, including amendment.
ATTEST:
PASSED AND APPROVED THIS 5th DAY OF APRIL, 1990.
KODIAK ISLAND BOROUGH
esiding Officer
Ordinance No. 90 -12
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