New Twist- Suspension of Rules to allow Notice of Reconsideration to be Heard Quickly
A new twist has developed
Following Tuesday night's council meeting where a vote of 9-2 was held on moving the arena project forward, a notice of reconsideration was brought forward, a point of order on procedural protocol was denied and a special meeting for council called for within 24 hours, a new twist has developed.
From hearing from our readers, the most asked question is "what does this all mean?"
It is unusual (but it has happened) that a notice of reconsideration be asked for on a 9-2 vote even though it is clear the majority of council has decided on a direction. After a wide majority of council has voted in a certain way, the vote is not overturned on a reconsideration motion. If the vote was within 1 or 2, then this when a reconsideration motion may be effective but when it is a wide margin, it may indicate and can be used to delay a motion.
It appears that "maybe" a council meeting can't not be called within 24 hours for a "notice of reconsideration" under the procedural by-law, hence the seldom used section of the procedural bylaw - Suspension of the Rules- to allow that to happen.
A Suspension of Rules – Procedural By-Law is being brought forward which allows council to disregard the procedural by-law. Tonight's motion reads as follows:
Moved by Councilor Mitchell Seconded by Councilor Gardiner: Pursuant to Section 2.2 of the City of North Bay’s Procedural By-Law 2019-80 the applicable Rules are hereby suspended to allow a Special Meeting of Council to hear the Notice of Reconsideration in relation to the Community and Recreation Centre Update.
Report North Bay Staff
While the suspension of the rules can be used to get around the procedural by-law, you are in hence, throwing out the rules of how council operates. It is a seldom used rule but it is also a way for council to deal with emergencies in certain cases. (It is proper to have this section in a procedural by-law).
So some readers have asked, can it be delayed further after the reconsideration vote? No, generally council cannot revisit the vote within 12 months and the will of council is and should be respected.
However, if a councilor wants to delay the vote yet again, they can ask for the suspension of the rules motion be referred to committee, if they have a seconder, when it is read. If it is denied (and usual is), then the councilor can ask for a notice of reconsideration on the referral to committee. This then stops any vote on the original reconsideration and delays the process.
