CCP 11-19-2001 - Laserfiche WebLink

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~ , ~ Minn. Stat. ~ 471.705. subd. 1. Minn. Stat. ~ 412.191, subd. 4. See e.g., Hanson v. City of Granite Falls. 529 N.W.2d 485 (Minn. App. 1995). CHAPTER 7 committee for study and recommendation, postpone consideration to some future time, or take any of the other subsidiary or privileged mol ion actions. After the council has completed all consideration and discussion of the matter, the presiding officer should read the ordinance or resolution and call for a vote. . If the council decides to refer the matter to a committee, the committee may conduct an investigation and recommend passage of the ordinance or resolution in its original form, or in an amended form, or rejection of the ordinance or resolution. Debate on the ordinance or resolution may take place at the time of introduction, while a committee is considering it, and after the committee has reponed its findings and recommendations. For an action to be legal it needs a proper motion, an actual vote, and a record of the councilmembers voting for and against the proposal. Many clerks repon the names of the members who take action at each of these various steps, although the law only requires a record of the third step. Most resolutions and other procedural motions of the council must have a majority of the votes cast for adoption. (For exceptions, see Chan V.) To illustrate: if two members ofthe council vote in favor of a resolution, one votes against it, and two abstain from voting--the resolution passes. . Ordinances, on the other hand, must be enacted by "a majority vote of all the members of the council," except where a larger number is required by law. Therefore, on a five-person council, an ordinance would need at least three favorable votes to pass. Differences between ordinances, resolutions and motions A motion is a matter of parliamentary procedure. It is a proposal that the council acts on through a resolution or an ordinance. Motions may introduce ordinances and resolutions, amend them, and take any other actions concerning them. Any council enactment that regulates or governs people or propeny and provides a penalty for its violation, is an ordinance. As a result, the council must pass. in ordinance form, all police regulations for public health, morals, economic well-being, welfare and safety. Any regulations should be of general application within the city, and of a permanent and continuing nature. Ordinances may also provide permanent rules for the organization and operation of the council. . ]65