HomeMy WebLinkAbout06-20-2002 Boat DocksBROWN, WARD, SALZMAN & WEISS, P.A.
Usher L. Brown'
Suzanne D'Agresta
Anthony A. Garganese'
Gary S. Salzman°
John H. Ward •
Jeffrey S. Weiss
Debra S. Babb
Jeffrey P. Buak
Alfred Truesdell
Joseph E. Blitch
Scott D. Danahy
Theodore F. Greene, III
Kristine R. Kutz
Brett A. Marlowe
Todd K. Norman
Cheyenne R. Young
Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
Board Certified City, County & Local Government Law
The Honorable Paul P. Partyka
and Members of the City Commission
City of Winter Springs
1126 East S. R. 434
Winter Springs, FL 32708
RE: Boat Docks
ATTORNEYS AT LAW
June 20, 2002
Dear Mayor and Members of the City Commission:
Two Landmark Center
225 East Robinson Street, Suite 660
Post Office Box 2873
Orlando, FL 32802-2873
(407) 425-9566
(407) 425-9596 FAX
Email: agarganese@orlandolaw.net
Website: www.orlandolaw.net
Cocoa: 866-425-9566
At the June 10, 2002 City Commission meeting, Deputy Mayor Gennell sought to have the
City Commission change its current position on whether to adopt additional boat dock regulations.
As a result, Parliamentary Rules were invoked. I advised the City Commission that under certain
circumstances the Commission always has a right to reconsider a previous official action and, if
desired, to change its official position on an issue. In general, this is done by either a Motion to
Reconsider or a Motion to Rescind in accordance with Robert's Rules. These two rules are often
used interchangeably, but they should not be. They are two very different motions. For example, a
Motion to Reconsider can only be made by a Commissioner who voted on the "prevailing side." By
comparison, any Commissioner, regardless of which side they voted, can make a Motion to Rescind
a previous vote.
Accordingly, my interpretation of Robert's Rules would permit any Commissioner to make
a Motion to Rescind the Commission's April 22, 2002 decision not to pursue additional boat
dock regulations.
'"w
The Honorable Paul P. Partyka
and Members of the City Commission
June 20, 2002
Page 2
Several key aspects of a Motion to Reconsider should be emphasized:
It can only be made on the day the vote to be reconsidered was taken, or on the next
succeeding day.
2. It must be made by a member who voted on the prevailing side.
3. Any member may second it and a majority vote is required.
4. It cannot be applied:
a. When the same result may be attained by some other parliamentary motion;
b. When the vote has been partially executed;
C. When an affirmative vote to contract has been taken and the other party to the
contract has been notified;
d. On a Motion to Reconsider;
e. When something has been done as a result of the vote that the Commission
cannot undo.
5. The effect of adopting this motion is to place before the Commission the original
question in the exact position it occupied before it was voted upon.
On the other hand, a Motion to Rescind has the following key aspects:
It is a main motion that can be introduced only when there is nothing else before the
Commission.
2. It may be made by any member and is debatable.
3. Any vote taken by the Commission may be rescinded by a majority vote, provided
notice of the motion has been given at the previous meeting or in the agenda for the
current meeting. A two-thirds vote, or a majority vote of the entire Commission is
require to rescind a vote without notice.
4. Votes cannot be rescinded after something has been done as a result of that vote that
the Commission cannot undo; or when the vote was to approve a contract and the other party has
been informed of the vote; or where a resignation or expulsion from office has been acted on, and
such person was present or officially notified.
Nevertheless, for the reasons discussed above, if the Commission desires to take another look
at regulating boat docks, Robert's Rules would require the Commission to rescind the April 22, 2002
vote.
The Hohorable Paul P. Partyka
and Members of the City Commission
June 20, 2002
Page 3
I will be happy to answer any questions regarding this letter at the Commission's June 24,
2002 meeting.
V ours,
Anthony A. Garganese
City Attorney
AAG:jf
cc: Ronald W. McLemore, City Manager