5.D. PRSR 07-12-2005 - Laserfiche WebLink

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a small local government board is in many respects a separate, new event. Thus, while matters of old business may be carried over from one meeting to another, it is also the case that matters that are disposed of at one meeting maybe brought up again at a subsequent meeting through a new motion, unless a motion to prevent reintroduction was previously adopted [Rule 16(b), Motion ` 17]. Rule 18. Withdrawal of Motion A motion may be withdrawn by the introducer at any time before it is amended or before the chair puts the motion to a vote, whichever occurs first. Comment: RONR provides that once a motion has been stated by the chair for debate, it cannot be withdrawn without the assembly's consent. Such a procedure is unnecessary for a small board. However, this rnle does prohibit withdrawing motions after they have been amended. Once a motion has been amended, it is no longer the same motion as was made by the innoducer, so it is no longer his or hers to withdraw. Rule 19. Duty to Vote [Each member shall be pemtitted to abstain from voting, by so indicating when the vote is taken.] [Every member must vote unless excused by the remaining members of the boazd. A member who wishes to be excused from voting shall so inform the chair, who shall take a vote of the remaining members. No member shall be excused from voting except in cases involving conflicts of interest, as defined by the board or by law, or the member's official conduct, as defined by the board. In all other cases, a failure to vote by a member who is physically present in the board chamber, or who has withdrawn without being excused by a majority vote of the remaining members present, shall be recorded as [an affirmative vote] [a vote with the prevailing side]]. Comment: Some local boazds allow abstentions, others do not. A boazd may choose either version of this rule. Those boazds that do not allow members to abstain may instead choose to allow members to be excused from voting in particulaz cases, typically when a personal interest of the member, as defined by the boazd or by law, is implicated by the decision being made. The first consequence set out under the second option for refusing to vote when one has not been excused is the same as that provided in G.S. 160A-75 for city councils in North Cazolina. To govern such cases, a board may adopt this "failure to vote counts as a `yes' vote" mle or some other policy such as the second consequence (failure to vote counts as a vote with the prevailing side). Rule 20. Special Rules of Procedure The hoard may adopt its owri special rules of procedure, to he specified here. tCgmment: Some boards may wish to provide special rnles for certain situations (for example, -~ {requiring a vote equal to a majority or two-thirds of the entire membership of the board for ~ approval of certain motions, or specifying a particular procedure for selecting the board's chair), d.;.~ ~ either because of statutory requirements or other concerns.