Loading...
HomeMy WebLinkAbout11-03-2008 Motion QuestionPage 1 of 3 Danielle Harker From: Kate Latorre [klatorre@orlandolaw.net] Sent: Monday, November 03, 2008 5:25 PM To: Andrea Lorenzo-luaces; Anthony Garganese Cc: Jennette Farris; _City Clerk Department Subject: RE: Motion Question Attachments: Kate Latorre.vcf Andrea, When I've been present at a meeting where this kind of thing happens, I have considered the "replacement motion" a "friendly amendment." That is, while there may not have been a formal motion made to amend the initial motion, if another motion is presented before the initial motion is voted on, I consider it an informal way to amend (and replace) the initial motion. Another way to think about a replacement motion is to consider it a "de facto withdrawal" of the initial motion. Technically, this is not consistent with the requirements of Robert's Rules of Order. However, sometimes the quick pace of discussion requires a certain degree of flexibility. That said, it's important to make sure that each board member, as well as the recording secretary, remain aware of the substance of the motion being voted upon. It would be prudent for the chair to clarify the amended or modified motion and if it appears uncontroversial, the chair should ask if there is any objection to the proposed amendment. If no objection is voiced, the motion can be voted on as amended or "replaced." However, in the event any board member expresses their dissent or disagrees with the "friendly amendment," the formal Robert's Rules should be implemented with a formal motion and second to amend; vote on amendment; and vote on motion as amended (if the amendment passes, of course). So, while there's really no such thing as a "replacement motion," meeting minutes should accurately reflect the motions and modifications made by the board members. If there's any question as to what the board's intent is during the course of making and amending motions, I recommend that the recording secretary ask the chair for clarification regarding the board's intent for purposes of preparing the record. There's nothing wrong with asking for clarification during the discussion. Most boards I have experience with are grateful for the attention to detail and will happily clarify their intentions so that their actions are correctly reflected in the minutes. I hope this provides some insight on this situation. Please feel free to contact me if you have any additional questions. Kate car Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 11/4/2008 Page 2 of 3 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre .orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "seam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time - sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Andrea Lorenzo-luaces [mailto:aluaces@winterspringsfl.org] Sent: Friday, October 31, 2008 10:02 AM To: Anthony Garganese; Kate Latorre Cc: Jennette Farris; _City Clerk Department Subject: Motion Question Good Morning, At the Board of Trustees Meeting Tuesday evening, a Motion was on the floor, and had been Seconded. Then under discussion, Vice Chairman Michael S. Blake then made a "Replacement" Motion, which was then Seconded and then Voted on. In the past, as a Commissioner, Michael S. Blake made a "Replacement" Motion once in 2004 and once in 2005 and both "Replacement" Motions were made with a previous Motion on the floor and with it being Seconded/Discussion. With this most recent occurrence, I could not find a reference to this in Roberts Rules of Order nor by doing a brief internet search. I also spoke to a Florida City Clerk's office staff who have done Parliamentary Procedures classes and they have never heard of a "Replacement" Motion. This Clerk suggested that the original Motion either be voted (down) or be ruled out of order, if applicable; or that what Vice Chairman Blake wanted to do, could have been done by making an Amendment to the Motion already on the floor. Our questions are: Is there such a thing as a "Replacement" Motion? If so, do you a resource we could refer to on this? If there such a thing as a "Replacement" Motion, would only the replacement Motion be noted in the Minutes? and should the Minutes say "Replacement Motion by Advisory Board Member or Commissioner..." or Do we type out the first Motion and then also the Replacement Motion? Anything that you could help me with would be great. Thank you! Andrea 11/4/2008 Page 3 of 3 Andrea Lorenzo-Luaces, MMC City Clerk City of Winter Springs E 1126 East State Road 434 Winter Springs, Florida 32708 RTelephone: (407) 327-5955 ,Facsimile: (407) 327-4753 'J(.l email: aluaces@winterspringsfl.org APlease consider the environment before printing this email. Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e- mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 11 /4/2008