Richwood Alcohol Ordinance Questioned

An ordinance before the Town of Richwood Board of Alderpersons was introduced that would amend the existing ordinance (2021-02) that regulates the operating hours of businesses that sell and store alcohol for sale was up for consideration recently. The ordinance(2023-01)was before the Board, asking if the current closing time of or before 3:30 AM should revert back to the old time of or before 2:00 AM any day of the week. Richwood Mayor Gerald Brown, who chairs the town’s meeting, called for a vote from the board concerning the time closing change. According to sources and a Facebook posting of the meeting, Brown appeared to have convened two votes on the same ordinance when only one call of votes was necessary. When Brown asked each alderperson for their vote, there were four votes against reverting back to 2:00 AM and one abstention. The mayor announced the votes and moved on to the next item.

Before the discussion on the next item began, Brown did something that seemed puzzling and strange at the public meeting. Brown called for another vote on the same ordinance, claiming some of the alderpersons may not have fully understood the meaning of the ordinance and that they could change their vote if any of them wanted. Looking at the video on Facebook, the alderpersons appeared to be confused by the mayor’s move, which prompted board president Wilbur Reed to ask for a clarification of the votes to see that the results were accurate. Reed believed that Brown was out of order to call for a second vote. Each alderperson had ample time to consider their vote on whether to institute a time change. It was a simple up-down vote. Another vote was taken with a 3-1-1 decision in favor of the time change to 2:00 AM, as the results were again announced. Brown’s actions calling for a second vote on a matter that was settled on a first vote may have violated parliamentary procedure according to Robert's Rules of Order, newly revised 12th edition.

Did Brown do what is called a reconsideration, where a board member changes his/her vote? Reconsideration can be made only during the meeting at which the original motion was made. No board member made such a motion. Brown can not make a motion. There are two chances one can change their vote. One way is that board members must ask to change a vote before the next item is introduced. If someone makes a request, the chair should ask if anyone objects. The change can be made if everyone remains silent, but if one member objects, the original vote stands. There were no objections because there were no requests. Secondly, once the chair announces the next item of business, it is impossible to change a vote, meaning that the individual waited until it was too late. That would mean the 4-1 vote against the 2:00 AM time was legitimate, rendering a second vote(3-1-1) moot. There is sure to be some confusion before everything is settled, which may have to be undone by a judge’s decision.