3.16.030 Conduct of debate and discussion.
A. When desiring to speak at an Assembly meeting, the Borough Mayor or an Assemblymember shall respectfully address the chair, and shall refrain from speaking until recognized.
B. The Presiding Officer shall determine who shall speak first when two or more persons request recognition at the same time.
1. Each Assemblymember shall have at least one opportunity to speak on each item before the Assembly for a vote.
2. The Assemblymember who introduced the ordinance or resolution may speak first and last.
C. The Presiding Officer shall preserve order and decorum at all times and shall make such rulings as may be necessary to preserve order and decorum. The Presiding Officer shall instruct the members of the public that the time available for public testimony will be limited as provided in these rules.
D. The Presiding Officer’s ruling on any matter shall stand unless an Assemblymember challenges the ruling and the challenge is approved by a majority vote.
E. An Assemblymember shall limit themselves to speaking on the subject under debate and shall not refer to any other Assemblymember except in a respectful manner. An Assemblymember shall not impugn the motive of another Assemblymember’s vote or argument.
F. The Assembly shall be at order and shall not carry on private conversations when an Assemblymember is speaking.
G. If an Assemblymember transgresses the rules of the Assembly, the Presiding Officer shall call them to order or another Assemblymember may rise to a point of order. The Assemblymember called to order shall immediately cease the action for which they were called to order. The Presiding Officer or Assemblymember rising to a point of order shall state the offense committed and the Assemblymember called to order shall then explain or justify their actions. The Presiding Officer shall then rule on the point of order.
H. The Assemblymember making a motion on a subject before the Assembly shall be given the opportunity to begin debate on the motion, but if the Assemblymember making the motion does not begin debate then any Assemblymember may do so.
I. The Assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance.
J. A motion to reconsider may be applied to any ordinance, resolution, or action of the Assembly and has precedence over all motions except the motion to adjourn. An Assemblymember may make a motion to reconsider only if:
1. The Assemblymember voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of yes votes, then those Assemblymembers voting no shall constitute the prevailing side, regardless of the relative number of yes and no votes cast on the question. An Assemblymember who changes their vote in accordance with these rules shall be a member of the side on which their vote is finally recorded by the Clerk; and if
2. The Assemblymember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or if
3. The Assemblymember files with the Clerk not later than 5:00 p.m. on the first Borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular Assembly meeting. The Assemblymember can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An Assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the next regular Assembly meeting as that term is used in this section.
Only one motion to reconsider shall be entertained on any ordinance, resolution or other action even if the Assembly overturns the original action. If a motion to reconsider a particular ordinance, resolution, or other action fails, a second motion to reconsider the same action shall not be in order.
K. A motion to rescind may be applied to any previously adopted ordinance, resolution, or action of the Assembly except:
1. When the question could be reached by a motion to reconsider; or
2. When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment. (The unexecuted part of an action, however, can be rescinded); or
3. When the matter is in the nature of a contract, and the other party has been informed of the vote; or
4. When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.
A motion to rescind may be made at any subsequent Assembly meeting and there is no time limit on when the motion can be made. A pending motion to rescind shall effect the validity of an ordinance, resolution, or other action. A motion to rescind shall not be renewed during the same meeting at which it was made, but it may be reconsidered in the same manner as any other main motion.
A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the Assembly for further action, including amendment.
L. The Assembly may postpone a motion to a certain time other than the date of the next regular meeting if specified in the motion to postpone. (Ord. 2022-46 § 5, 2023; Ord. 2020-15 § 2, 2020; Ord. 2019-09 § 2, 2019; Ord. 2000-01 § 3, 2000; amended during 1993 republication; amended during June 1991 supplement; Ord. 86-035 § 2, 1986. 2004 Code § 2.09.060.)