HomeMy WebLinkAbout05112020 City Council Laydown - Ballou ,2Ao05tiu) k)
AGENDA STATEMENT
Meeting Date: May 11, 2020
From: Brenda Ballou, City Clerk
Agenda Item: Guidelines for Reconsideration
BACKGROUND &JUSTIFICATION
On April 27, 2020, the Seward City Council approved Resolution 2020-034, Authorizing
Submission Of A Joint Application With The Alaska Railroad Corporation(ARRC)To The U.S.
Department Of Transportation Port Infrastructure Development Program(PIDP)Grant Program For
Expansion Of The Alaska Railroad Terminal Reserve Freight Dock And Extension Of Port Avenue.
On April 28, 2020, the City Clerk received a written request from Council Member Baclaan to
reconsider the resolution.Council Member Baclaan voted on the prevailing side,and submitted the
request prior to 5:00 p.m. the following day, and so the request is considered timely.
PROCEDURE FOR RECONSIDERATION
Seward City Code 2.10.065 (e) Reconsideration.
A motion to reconsider may be applied to any ordinance,resolution or action of the council and
has precedence over all motions except the motion to adjourn.
(1)A councilmember may make a motion to reconsider only if:
a. The councilmember voted on the prevailing side on the question to be reconsidered;
b. The councilmember makes the motion to reconsider on the same day and at the same
meeting at which the vote to be reconsidered was taken; or
c. The councilmember files with the clerk not later than 5:00 p.m. on the first city
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 council meeting.
The councilmember may file by telephone provided that the notice of intent to reconsider
is signed before the motion is considered.
(2)A motion for reconsideration requires a two-thirds vote to carry.
(3) For the purposes of this section, a council 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 council meeting as that term is used in this section.
(4) Only one motion to reconsider shall be entertained on any ordinance, resolution or other
action even if the council 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.
(5)Actions which may not be reconsidered. The following motions may not be reconsidered:
a. A motion which can be renewed within a reasonable time;
b. An affirmative vote whose provisions have been partly carried out;
c. An affirmative vote in the nature of a contract when the party to the contract has been
notified of the outcome;
d. Any vote which has caused something to be done which it is impossible to undo;
e. A vote on a motion to reconsider; or
f.When practically the same result can be obtained by some other parliamentary motion.
(Ord.482,§ 1(part), 1980;Ord.93-14)
GUIDELINES
1. Motion to Reconsider
2. Second
3. Discussion is allowed(on the Motion to Reconsider)
4. Vote must pass by 2/3
If the reconsideration is approved,the resolution will go back on the floor in its last state prior to the
final vote on the main motion. It can then be amended.
If the reconsideration fails, the resolution stands.
2/3 Vote Chart
— Not possible because Mayor Terry was ruled to have a conflict of interest with
this item of business on April 27, 2020;the conflict remains in effect.
6 council=4 votes
5 council=4 votes
4 council=3 votes