City of Melville Local Government (Meeting Procedures) Local Law 2022
Part 13PROCEDURAL MOTIONS
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PART 13—PROCEDURAL MOTIONS 13.1 Permissible procedural motions In addition to the right to move an amendment to a substantive motion, a Member may move the following procedural motions during debate— (a) that the motion be deferred; (b) that the motion now lie on the table; (c) that the motion be now put; (d) that the meeting proceed to the next item of business; (e) that the meeting now adjourn; (f) that the meeting be closed to the public;
6 May 2022 GOVERNMENT GAZETTE, WA 2919 (g) that the ruling of the Presiding Member be disagreed with; (h) that the Member be no longer heard; (i) that a committee recommendation be referred back to the originating committee, or any other committee or a later Council meeting. 13.2 No debate on procedural motion (1) The mover of a motion specified in clause 13.1 (a), (b), (d), (e), (f), (h), or (i) may speak to the motion for not more than 2 minutes. (2) The mover of a motion specified in clause 13.1 (c) or (g) may not speak to the motion. (3) For all procedural motions specified in clause 13.1, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion. 13.3 Limits on closure of debate (1) With the exception of clause 13.1(h) no person who has moved, seconded, or spoken for or against the substantive motion, or any amendment to the substantive motion, may move any procedural motion which, if carried, would close the debate on the substantive motion or amendment. (2) The mover of a substantive motion retains their right of reply despite the carrying of a procedural motion which closes debate and forces a decision on the substantive motion or amendment. 13.4 Effect of motion—that the motion be deferred (1) A motion “that the motion be deferred” as listed in clause 13.1(a) must specify a time and date at which the substantive motion is to be resubmitted for consideration. (2) If a motion “that the motion be deferred”, is carried, then all debate on the substantive motion and any amendment is to cease and the motion or amendment is to be resubmitted for consideration at the time and date specified in the motion. (3) A motion “that the motion be deferred” must not be moved in respect of the election of a Presiding Member of a committee or the Deputy Mayor. (4) A Member must not, at the same meeting, move or second more than one motion “that the motion be deferred” in respect of the same item. (5) Where debate on a motion is interrupted by deferring a motion under subclause (1)— (a) the names of Members who have spoken on the matter are to be recorded in the minutes; and (b) the provisions of clause 12.11 apply when the debate is resumed. 13.5 Effect of motion—that the motion now lie on the table (1) If a motion “that the motion now lie on the table” as listed in clause 13.1(b) is carried, then all debate on the substantive motion and any amendment is to cease and the meeting is to proceed to the next item of business. (2) Debate on the motion laid on the table is to be adjourned until such time (if any) as the Council resolves to take the motion from the table. (3) Where debate on a motion is interrupted by laying a motion on the table under subclause (1)— (a) the names of Members who have spoken on the matter are to be recorded in the minutes; and (b) the provisions of clause 12.11 apply when the debate is resumed. (4) A motion “that the motion now lie on the table” must not be moved in respect of the election of a Presiding Member or the Deputy Mayor. (5) A Member moving that the motion be taken from the table is entitled to speak first on the resumption of the debate. 13.6 Effect of motion—that the motion be now put (1) If the motion “that the motion be now put” as listed in clause 13.1(c) is carried during debate on a substantive motion without amendment, the Presiding Member is to offer the right of reply to the mover of the substantive motion and then put the motion to the vote without further debate. (2) If the motion “that the motion be now put” is lost, debate on the substantive motion is to continue. (3) The Presiding Member may refuse to accept the motion “that the motion be now put” and shall refuse if in their opinion the closure will have the effect of unfairly limiting debate before the principal arguments for or against have been presented. (4) The decision of the Presiding Member under subclause (3) shall be binding unless dissented from, but shall not preclude the acceptance of a motion that at a later time “the motion be now put.” 13.7 Effect of motion—that the meeting proceed to the next item of business If the motion “that the meeting proceed to the next item of business” as listed in clause 13.1(d) is carried, then— (a) all debate on the substantive motion or amendment is to cease immediately; and (b) the mover may not exercise their right of reply; and (c) no decision is made on the substantive motion; and (d) the Council or committee moves to the next item of business; and (e) there is no requirement for the matter to be raised again for consideration.