Ask MRN: Can Bergman make motion to put roundabout issue back on City Council agenda?

Dear MRN: I was watching the Quincy City Council meeting on Monday night when the discussion about the roundabout came up. Alderman (Jeff) Bergman (R-2) can’t make the motion to put the issue back on the agenda. It takes a member who voted in favor of it to bring it up. Can you check on that?

That was one of several questions from former city employees who reached out to Muddy River News last week about how more debate about the 48^th and State roundabout was placed on the agenda for the Monday, Oct. 28 meeting. So Muddy River News reached out to a professional registered parliamentarian to clarify the issue.

Before the issue is potentially discussed one more time, let’s review. 

The Quincy City Council voted 9-5 in April not to partner with the county to share the costs for the $5,2 million roundabout. Aldermen, however, took no action on acknowledging a 1973 jurisdictional agreement between the city and county, signed by then-Mayor Don Nicholson, regarding the transfer of maintenance responsibilities at the intersection.

The Adams County Board then voted 18-1 on April 11 to transfer the land to the city. 

Corporation Counsel Bruce Alford told the Finance Committee during its Aug. 13 meeting that Adams County had presented paperwork for the City of Quincy to take jurisdiction of the intersection of 48^thand State, and he planned to present an ordinance to the full City Council. However, Mike Rein, chairman of the Finance Committee, said the county should give the city $2.6 million for the city to consider the jurisdictional transfer.

“Without that, I don’t see the point,” Rein said.

Quincy Mayor Mike Troup, Engineering Director Steve Bange and Alford met Sept. 5 with Adams County Engineer Jim Frankenhoff and Todd Eyler and Erin Wilson Lageler from the Adams County State’s Attorney’s Office to discuss options for the transfer of jurisdiction. Four options were created for the City Council and the County Board to consider. They were:

• Construct the roundabout with shared costs and a $650,000 transfer from the county to the city
• Modify the jurisdictional transfer and a partial payment
• Follow the original jurisdictional transfer created in 1973 
• Follow the original jurisdictional transfer with an optional $650,000 payment from the county to the city

County officials maintained their preference for the final option — to build the roundabout — with the county paying $3.25 million and the city paying $1.95 million. However, the Finance Committee voted Sept. 30 to send a resolution to the full City Council that called for the city to assume the State Street portion of the agreement, but it would only assume South 48^th from Broadway to 300 feet south of State.

A motion made during the Oct. 15 City Council meeting called to amend the Finance Committee’s recommendation, instead calling for the city to partner with Adams County to build the roundabout. Aldermen voted 8-6 to amend the recommendation, and then the Quincy City Council voted 8-6 to share costs with the Adams County Board on the construction of a roundabout at 48^th and State.

During the Oct. 21 meeting, Bergman said, “I would like to make a motion to amend something previously adopted, the resolution regarding 48th Street last week, by placing a resolution on next week’s agenda. … Basically, we’re going to bring back the resolution.”

Aldermen approved Bergman’s motion by a 13-1 voice vote.

Troup was asked after the meeting if Bergman should have been allowed to make the motion to “bring back the resolution.”

“Well, legal didn’t stop us, and then we had enough other people,” Troup replied. “We’ll double-check, but we’re going to put it on the agenda anyway. That’s not worth a fight if you follow Robert’s Rules (of Order) or not. There’s enough people here who would like to have (the issue) back up.”

Rule 32.30 in the city code reads, “Robert’s Rules of Order shall govern the deliberations of the City Council.” However, Rule 32.29 says, “The rules of order, other than those prescribed by statute, may be suspended at any time by the consent of a majority of the members present at any meeting.”

Robert’s Rules of Order is a manual for parliamentary procedure, which refers to the rules of democracy — the commonly accepted way a group of people come together, present, discuss possible courses of action and make decisions. 

Deborah Underwood, a professional registered parliamentarian from Chicago, has provided parliamentary services for various organizations since July 2009. She is the secretary of the National Association of Parliamentarians. 

After reviewing the history of the roundabout, Underwood said the motion approved on Oct. 15 — for the city and county to share costs to build the roundabout — can’t be “amended” as Bergman requested on Oct. 21.

“That motion is already adopted and gone,” she said. 

The agenda for the Monday, Oct. 28, meeting has a pending resolution that says, “Finance Committee recommending approval to amend the City of Quincy and County of Adams 1973 agreement regarding the transfer of maintenance responsibilities for 48th Street from south of Broadway to south of State Street by modifying transfer and partial payment, as amended. Resolution placed back on agenda by a motion from Ald. Bergman at the Oct. 21 City Council meeting.”

That resolution should be considered a motion to “reconsider.” However, Underwood said a motion to reconsider can only be made by a person who voted for “the prevailing side” — in other words, one of the eight people who voted in favor of the roundabout, but not Bergman.

“Also, it has to be done timely during the same meeting that (the motion) was adopted,” she said. “When the meeting is adjourned, the time limit to bring back something with a motion to reconsider is over.”

Underwood said the only time a motion could be reconsidered would be at a multiple-day convention. A motion made at one session could be reconsidered the succeeding day.

Underwood suggested that an alderman make a motion to rescind — in other words, revoke or cancel — the Oct. 15 motion.

“That motion can be brought by anybody, regardless of how you voted on the original post,” she said. “The original motion can’t have more discussion because the motion itself was adopted. It can’t be brought back. It has to be rescinded, then (a new motion) put on the agenda as if it’s just been made to be voted on again. You can’t just bring it up and say, ‘Well, we’ll take up the debate from where it ended off before the motion was adopted.’ It has to be a whole new motion.”

Underwood also said if a motion is made to rescind a previous motion, the Open Meetings Act calls for 48 hours of notice for it to be placed on the agenda.

“That will dictate how it’s voted on,” she said. “When previous notice is given, a motion can be adopted by a majority vote. If there’s no mention in the notice for the meeting about that motion coming back to be rescinded, then it has to be adopted by a two-thirds vote.

“Once the motion to rescind is adopted, then you’d have to start over by remaking a new motion.”

Monday’s meeting could be full of discussion … or it might have to wait a week … or aldermen might not agree to rescind the previous motion — therefore denying any discussion. Be sure to tune in and read Muddy River News on Tuesday morning.

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