Fellow municipal attorneys:
On an Agenda item, once discussion has been held, and one council member makes a motion and there is a second, is there a proper way to halt the voting and go back to discussion at the request of one council member?  (This circumstance has happened after a majority of the quorum has already cast votes, but not all have finished voting.)
Example:
Agenda Item is announced by the MayorDiscussion is heldMayor or Council member makes a motionMotion has a secondCall for further discussion, but no one speaks upVoting starts, with majority of those present audibly casting his/ her voteBefore all five have voted, one of the last to vote starts discussion with questions.    ( I do not want to shut out a council member who has apparently thought of additional questions before casting his/ her vote, and may want to re-open discussion.  From a procedural standpoint, how would you handle this?)
Thanks so much,
Kay WallCity AttorneyEufaula, Ok
(9l8) 689--7737 office

I think it depends on your parliamentary authority. Under Robert’s Rules, a roll call vote cannot be interrupted under virtually any circumstances. Assuming Robert’s is in play, I would advise the council member to cast their vote (or abstain), and then make a motion to reconsider. It’d then be up to the rest of the council to decide whether they want to re-visit the issue.

Wil Crawford

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From: Kay Robbins Wall via Oama oama@lists.imla.org
Sent: Wednesday, April 17, 2024 4:34:47 PM
To: Oama List oama@lists.imla.org
Subject: [Oama] proper procedure when voting/ City of Eufaula

[EXTERNAL EMAIL]

Fellow municipal attorneys:

On an Agenda item, once discussion has been held, and one council member makes a motion and there is a second, is there a proper way to halt the voting and go back to discussion at the request of one council member?  (This circumstance has happened after a majority of the quorum has already cast votes, but not all have finished voting.)

Example:

Agenda Item is announced by the Mayor
Discussion is held
Mayor or Council member makes a motion
Motion has a second
Call for further discussion, but no one speaks up
Voting starts, with majority of those present audibly casting his/ her vote
Before all five have voted, one of the last to vote starts discussion with questions.
( I do not want to shut out a council member who has apparently thought of additional questions before casting his/ her vote, and may want to re-open discussion.  From a procedural standpoint, how would you handle this?)

Thanks so much,

Kay Wall
City Attorney
Eufaula, Ok

(9l8) 689--7737 office

Kay,

I second Will it depends on the rules adopted. I have encouraged a few of my cities to adopt some super easy and straightforward rules. We are in the process of that discussion, but they haven’t adopted anything. (I think Roberts is too hard to understand for a lot of boards).

Daniel

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Daniel McClure, J.D., M.P.A.
www.localgovlawOK.comhttp://www.localgovlawOK.com
405-402-6821
700 S. 8th Street #181
McLoud, OK, 74851

CONFIDENTIALITY NOTICE: Information contained in this e-mail message is attorney/client privileged and may contain privileged or confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, immediately notify the sender by telephone at 405-402-6821  and return the original message to daniel@localgovlawOK.commailto:daniel@localgovlawOK.com.

From: Wil Crawford via Oama oama@lists.imla.org
Date: Wednesday, April 17, 2024 at 4:45 PM
To: Kay Robbins Wall lkrw@sbcglobal.net, Oama List oama@lists.imla.org
Subject: [Oama] Re: proper procedure when voting/ City of Eufaula
I think it depends on your parliamentary authority. Under Robert’s Rules, a roll call vote cannot be interrupted under virtually any circumstances. Assuming Robert’s is in play, I would advise the council member to cast their vote (or abstain), and then make a motion to reconsider. It’d then be up to the rest of the council to decide whether they want to re-visit the issue.

Wil Crawford

Get Outlook for iOShttps://aka.ms/o0ukef

From: Kay Robbins Wall via Oama oama@lists.imla.org
Sent: Wednesday, April 17, 2024 4:34:47 PM
To: Oama List oama@lists.imla.org
Subject: [Oama] proper procedure when voting/ City of Eufaula

[EXTERNAL EMAIL]
Fellow municipal attorneys:

On an Agenda item, once discussion has been held, and one council member makes a motion and there is a second, is there a proper way to halt the voting and go back to discussion at the request of one council member?  (This circumstance has happened after a majority of the quorum has already cast votes, but not all have finished voting.)

Example:

Agenda Item is announced by the Mayor
Discussion is held
Mayor or Council member makes a motion
Motion has a second
Call for further discussion, but no one speaks up
Voting starts, with majority of those present audibly casting his/ her vote
Before all five have voted, one of the last to vote starts discussion with questions.
( I do not want to shut out a council member who has apparently thought of additional questions before casting his/ her vote, and may want to re-open discussion.  From a procedural standpoint, how would you handle this?)

Thanks so much,

Kay Wall
City Attorney
Eufaula, Ok

(9l8) 689--7737 office