Can a governmental body reconsider actions previously taken?

Governmental bodies generally have the ability to reconsider actions previously taken subject to their own rules of procedure and the rights of intervening third-parties. If, for example, a governmental body has authorized the execution of a contract, and that document has been signed, it cannot destroy the rights of the other party to the contract if a majority of its members have simply had a change of mind at the next governmental meeting. The rules applicable to some governmental bodies do make the decision of a legislative body subject to the veto of an executive. In those cases, the effectuation of a governmental decision awaits the determination of the executive who has the ability to veto the legislative action, subject to having the veto overridden. The procedures of some governmental bodies also specifically deal with efforts by the legislative branch of government to reconsider and overrule a decision made at one meeting at the next meeting of the public body. Those rules generally require that a motion to reconsider be made by an individual who was on the prevailing side of the motion and may have changed his or her mind. Such rules, however, generally cannot interfere with the rights of third-parties who had acted upon the governmental action during the period of its validity. Finally, decisions made by a governmental body may be overturned by later action of the legislative body. This is especially the case if new facts have come to the attention of the government which leads a majority of its members to wish to overturn actions previously taken. Sometimes, the rights of third parties who have acted on the basis of the prior governmental action have a right to continue under the prior rules, such as a property owner who may be entitled to continue a "non-conforming use." Normally, however, procedural rules would allow the presiding officer of a meeting to refuse to recognize an individual on the losing side of an issue who wishes to continue to debate a matter which the governmental body has recently discussed and acted upon.

Lawyers in our firm have assisted municipalities as special counsel in cases involving parliamentary procedure. Please call Robert Bush if you feel we can be of assistance to you.