§ 2-53. Motions and voting.

Rule 21. Action by the council.

Except as otherwise provided in these rules, the council shall act by motion. Any member may make a motion, including the mayor.

Rule 22. Second not required.

No second is required on any motion.

Rule 23. One (1) motion at a time.

A member may make only one (1) motion at a time.

Rule 24. Withdrawal of motion.

The member who introduces a motion may withdraw the motion unless the motion has been amended or the presiding officer has put the motion to a vote.

Rule 25. Debate.

The presiding officer shall state the motion and then open the floor to debate, presiding over the debate according to the principles listed below.

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The maker of the motion is entitled to speak first.

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A member who has not spoken on the issue shall be recognized before a member who has already spoken.

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To the extent practicable, the debate shall alternate between proponents and opponents of the measure.

Rule 26. Adoption by majority vote.

A motion is adopted if supported by a simple majority of the votes cast, a quorum being present, except when a larger majority is required by these rules or state law.

Rule 27. Changing a vote.

A member may change a vote on a motion at any time before the presiding officer announces whether the motion has passed or failed. Once the presiding officer announces the result, a member may not change a vote without the unanimous consent of the remaining members present. A member's request for unanimous consent to change a vote is not in order unless made immediately following the presiding officer's announcement of the result.

Rule 28. Duty to vote.

(a)

Duty to vote. Every council member must vote except when excused from voting as provided by this rule.

(b)

Grounds for excusal. A member may be excused from voting on a matter involving the member's own financial interest or official conduct, though not if the proposal in question is one (1) to alter the compensation or allowances paid to council members. Members may also be excused from voting when prohibited from voting under G.S. 14-234 (contract providing direct benefit to member), G.S. 160A-381(d) (legislative zoning decision likely to have a direct, substantial, and readily identifiable financial impact on member), or G.S. 160A-388(e)(2) (member's participation in quasi-judicial decision would violate affected person's right to an impartial decision maker). Questions about whether a basis for excusal exists should be directed to the city attorney.

(c)

Procedure for excusal.

(1)

At member's request. Upon being recognized at a duly called meeting of the council, a member who wishes to be excused from voting shall so inform the presiding officer, who must then submit the matter to a vote of the remaining members present. If a majority of the remaining members present vote to excuse the member, the member is excused from voting on the matter.

(2)

On council's initiative. Even when a member has not asked to be excused from voting on a matter, a majority of the remaining council members present may by motion and vote excuse the member from voting if grounds for doing so exist under paragraph (b).

(d)

Consequence of non-excused failure to vote. Except as specified in paragraph (e), if a member who has not been excused from voting fails to vote on a matter, the member's failure to vote shall be recorded as an affirmative vote, provided:

(1)

the member is physically present in the council chamber or

(2)

the member has physically withdrawn from the meeting without being excused by majority vote of the remaining members present.

(e)

Failure to vote on certain zoning matters. A member's unexcused failure to vote shall not be recorded as an affirmative vote if the motion concerns a proposal to amend, supplement, or repeal a zoning ordinance. Instead, the member's unexcused failure to vote shall be recorded as an abstention.

(f)

Mayor's duty to vote. The provisions of this rule apply to the mayor.

Rule 29. Substantive motions.

A substantive motion is not in order if made while another motion is pending. Once the council disposes of a substantive motion, it may not take up a motion that presents essentially the same issue at the same meeting, unless it first adopts a motion to reconsider pursuant to Rule 30, Motion 14.

Rule 30. Procedural motions.

(a)

Certain motions allowed. The council may consider only those procedural motions listed in this rule. Unless otherwise noted, each procedural motion may be debated and amended and requires a majority of votes cast, a quorum being present, for adoption.

(b)

Priority of motions. The procedural motions set out in this paragraph are listed in order of priority. A procedural motion is not in order so long as another procedural motion of higher priority is pending, except that

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any procedural motion other than an appeal under Motion 1 is subject to amendment as provided in Motion 12, and

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a motion to call the question (end debate) may be made with regard to any procedural motion in accordance with Motion 9.

When several procedural motions are pending, voting must begin with the procedural motion highest in priority, provided that a motion to amend or end debate on the highest priority motion must be voted on first.

Motion 1. To appeal a ruling of the presiding officer. Any member may appeal the presiding officer's ruling on whether a motion is in order or on whether a speaker has violated reasonable standards of courtesy. The presiding officer's response to a question of parliamentary procedure may also be appealed by any member. An appeal is in order immediately after the disputed ruling or parliamentary response and at no other time. The member who moves to appeal need not be recognized by the presiding officer, and if timely made, the motion may not be ruled out of order.

Motion 2. To adjourn. This motion may be used to close a meeting. It is not in order if the council is in closed session.

Motion 3. To recess to a time and place certain. This motion may be used to call a recessed meeting as permitted under Rule 12. The motion must state the time (including the date, if the meeting will reconvene on a different day) and place at which the meeting will resume. The motion is not in order if the council is in closed session.

Motion 4. To take a brief recess.

Motion 5. To follow the agenda. This motion must be made at the time an item of business that deviates from the agenda is proposed; otherwise, the motion is out of order as to that item.

Motion 6. To suspend the rules. To be adopted, a motion to suspend the rules must receive affirmative votes equal to at least two-thirds ( 2/3 ) of the council's actual membership, including the mayor, excluding vacant seats. The council may not suspend provisions in these rules that are required under state law.

Motion 7. To divide a complex motion. This motion is in order whenever a member wishes to consider and vote on parts of a complex motion separately. The member who makes this motion must specify how the complex motion will be divided.

Motion 8. To defer consideration. The council may defer its consideration of a substantive motion, and any proposed amendments thereto, to an unspecified time. A motion that has been deferred expires unless the council votes to revive it pursuant to Motion 13 within 100 days of deferral. A new motion having the same effect as a deferred motion may not be introduced until the latter has expired.

Motion 9. To end debate (call the previous question). If adopted, this motion terminates debate on a pending motion, thereby bringing it to an immediate vote. This motion is not in order until every member has had an opportunity to speak once on the pending motion.

Motion 10. To postpone to a certain time. This motion may be employed to delay the council's consideration of a substantive motion, and any proposed amendments thereto, until a designated day, meeting, or hour. During the period of postponement, the council may not take up a new motion raising essentially the same issue without first suspending its rules pursuant to Motion 6.

Motion 11. To refer a motion to a committee. The council may vote to refer a substantive motion to a committee for study and recommendations. While the substantive motion is pending before the committee, the council may not take up a new motion raising essentially the same issue without first suspending its rules pursuant to Motion 6. If the committee fails to report on the motion within sixty (60) days of the referral date, the council must take up the motion if asked to do so by the member who introduced it.

Motion 12. To amend.

(a)

Germaneness. A motion to amend must concern the same subject matter as the motion it seeks to alter.

(b)

Limit on number of motions to amend. When a motion to amend is under consideration, a motion to amend the amendment may be made; however, no more than one (1) motion to amend and one (1) motion to amend the amendment may be pending at the same time.

(c)

Amendments to ordinances. Any amendment to a proposed ordinance must be reduced to writing before the vote on the amendment.

Motion 13. To revive consideration. The council may vote to revive consideration of any substantive motion that has been deferred pursuant to Motion 8, provided it does so within one hundred (100) days of its vote to defer consideration.

Motion 14. To reconsider. The council may vote to reconsider its action on a matter, provided the motion to reconsider is made (a) at the same meeting during which the action to be reconsidered was taken and (b) by a member who voted with the prevailing side. For purposes of this motion, "the same meeting" includes any continuation of a meeting through a motion to recess to a certain time and place (Motion 3). The motion is not in order if it interrupts the council's deliberation on a pending matter.

Motion 15. To rescind. The council may vote to rescind an action taken at a prior meeting provided rescission is not forbidden by law.

Motion 16. To prevent reintroduction for six (6) months. This motion may be used to prevent the reintroduction of a failed substantive motion for a time, but it is in order only when made immediately following the substantive motion's defeat. To be adopted, this motion must receive votes equal to at least two-thirds ( 2/3 ) of the council's actual membership, including the mayor, excluding vacant seats. If this motion is adopted, the ban on reintroduction remains in effect for six (6) months or until the council's next organizational meeting, whichever occurs first.

(Ord. No. 2018-54, § 1, 10-16-18)