§ 2-66. Motions for reconsideration and rescission.

Motions for reconsideration and rescission at meetings of the board of trustees, zoning board of appeals and standing committees shall be governed by the following provisions with regard to procedure and timing:

(1)

Motions for reconsideration.

a.

Applicability. Motions for reconsideration are applicable to all standing committee meetings, planning and zoning commission meetings, and board of trustee meetings.

b.

Timing. Motions for reconsideration shall be made no later than the next regularly scheduled meeting, subject to exceptions created by state law, unless the same trustees are not present who voted on the original motion. If the same trustees are not present at the next regularly scheduled meeting, then the motion to reconsider can be made at the next regularly scheduled meeting where all trustees are present. If, once again, all trustees are not present at the second regularly scheduled meeting, the second meeting is still the last meeting at which motion to reconsider can be made. A motion to reconsider also would be appropriate at any special meeting, provided, again, that all trustees are present at the special meeting who were present on the date that the original motion was passed.

c.

Standing. Motions for reconsideration can only be made by a person on the prevailing side of the original motion to be reconsidered.

d.

Notice. Forty-eight hours' notice of a motion to reconsider shall be given unless the motion is made at the same meeting of the original motion. Notice must be served upon the village clerk at least 48 hours prior to the presentation of the motion unless the motion is made on the same night as the original motion. If less than 48 hours' notice of the motion is submitted to the village, in order to hear such motion, a second motion must be made waiving the rules and such motion to waive the rules shall be passed by two-thirds of the members of the various committee or board being present. Notice, as contemplated under this section may be accomplished by telephone, voice mail, e-mail, personal service or by U.S. mail.

e.

Appropriateness. A motion to reconsider is appropriate when the previous motion failed.

f.

Voting requirements. A majority vote of the elected officials is necessary for the passage of a motion to reconsider.

(2)

Motions for rescission.

a.

Applicability. A motion for rescission is applicable to all standing committees meetings, zoning board of appeals meetings and board of trustees meetings.

b.

Timing. Motions for rescission may be made at any time unless rights of a third party have intervened.

c.

Standing. Any trustee can make a motion for rescission.

d.

Notice. Forty-eight hours' notice of a motion for rescission shall be given, unless the motion is made at the same meeting of the original motion. Notice must be served upon the village clerk at least 48 hours prior to the presentation of the motion unless the motion is made on the same night as the original motion. If less than 48 hours' notice of the motion is submitted to the village, in order to hear such motion, a second motion must be made waiving the rules and such motion to waive the rules shall be passed by two-thirds of the members of the various committee or board being present. Notice, as contemplated under this section may be accomplished by telephone, voice mail, e-mail, personal service or by U.S. mail.

e.

Appropriateness. A motion for rescission is appropriate when the previous motion passed or failed.

f.

Voting requirements. A majority vote of the elected officials is necessary for the passage of a motion for rescission.

(Code 1974, § 2-65; Ord. No. 2001-12; Ord. No. 2015-05, § 7, 4-6-2015)

State law reference

Similar provisions, 65 ILCS 5/3.1-40-55.