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Originally Posted by 5seconds
Interesting. I'm not sure there is any situation where current Councillors would not be able to vote on a motion, but it does seem that it's not totally clear what is needed to pass this motion. I'll be interested to see what happens.
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Quote:
Originally Posted by Corndogger
I believe the budget is considered a new issue. The number of votes for the BRT motion to pass is 10. There's no doubt about that unless they've changed the rules in the last three weeks.
Is this motion coming from the mayor? That doesn't sound right. I believe what Nenshi said is that he supports their right to bring the motion forward but is going to fight it.
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Quote:
Originally Posted by 5seconds
Is this really 'Nenshi's reconsideration angle'? I was under the impression that the City Clerk made that determination based on the bylaw, and it was nothing to do with Nenshi. Council did direct Administration to tender and construct this phase, and temporary or not, a halt on the project would directly contradict an earlier order, so it does appear to be a 'reconsideration'.
Any guesses on if the supermajority requirement will be raised or debated in Council? (Is that even allowed?)
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We learned a lot about the new Procedure Bylaw at yesterdays Council meeting and especially as it pertains to the SWBRT motion.
The determination of whether the NoM was a reconsideration does come from the Mayor (Chair of the meeting). It was great to hear Nenshi use the words "I made a decision" rather than the City Clerk or City Solicitor making the final determination. The City Clerk and City Solicitor only make advise the Chair.
The reconsideration comes from 2 new and/or renovated sections of the Procedure Bylaw, my notes have sections 116 and 117.
The major renovation to the reconsideration section was to remove the 6 month maximum time between the original decision and the reconsideration motion. In this case, the reconsideration was to look at the decision to split the SWBRT in 2 phases. The decision to split the project occurred outside the 6 month window, approximately 1 year ago.
There is not a 10 vote minimum for reconsideration, rather it is a 2/3 majority of councillors present. The math gets difficult when 2/3 of 14 councillors = 9.3 and you can't round down, only round up. If there were 13 Councillors present then only 9 yes votes would be required.
What we also learned is that Councillors are now required to vote on every motion unless:
(A) The Councillor is not present at council that day,
(B) the Councillor is not present in the chamber for the public hearing where a public hearing is required.
(C) the Councillor declares a pecuniary conflict of interest.
What is becoming apparent is that changes to both the Municipal Government Act and the City's Procedure Bylaw are combining to produce some very unusual decisions that have never been attempted.