… The missing motion is neither a straightforward affirmative nor a negative motion, but a little known variant of an affirmative motion known as a converse motion. Every few years, someone comes forward to insist that the Edgewood town government must always, and without exception, offer its motions “to approve” an application because they are operating from a mistaken impression that motions “to deny” are negative motions. The advice sounds good in theory, but in practice it sometimes turns what should have been a routine public hearing into a circus. This is yet another instance in which Edgewood’s political instability and its recurring losses of institutional memory have resulted in confusion.
NB: What follows has been revised and edited for clarity:
- The issue has been raised again on July 30, 2026 during the PZC’s special meeting.
- The authority cited for this practice of “always and only” affirmative motions is Roberts Rules of Order which is a frequently used guide for discussing legislative proposals during public meetings. The concept gets its fuel from a valid and often-cited reference to the unsuitability of offering negative motions which are awkward and typically worded to “not approve” some proposed action. A true negative motion implies an intent to take no action. [1]
- While this admonition to make only affirmative motions “to approve” makes sense when an agenda item is legislative in nature, the deliberations and motions sometimes get mired in absurdity when the matter under consideration is not legislative, but quasi-judicial. In theory, under the “affirmative motions only-and-always” rule, an unsuitable proposal may properly be allowed to die for lack of a motion and/or second.
- However, even before a land use application is brought forward for a public hearing, considerable resources have already been expended by both the town and the applicant in order to reach that point. The general legal advice given to local governments is that once the testimony and exhibits have been presented, the deliberation phase of the public hearing should begin with a motion and second. Understandably, following all that effort neither the applicant nor the general public will find it acceptable for the proposal to simply be allowed to die without discussion.
- Indeed, only a few people would consider this an acceptable way to conclude a quasi-judicial hearing, but by following such ill-informed advice, we have seen both Edgewood’s governing body and its planning commission fall into an abyss worthy of Charles Dickens’ fictitious character Mr. Thomas Gradgrind.
- The most common (and ultimately ill-advised) attempt to resolve the situation of a clearly unsuitable application is to have preliminary discussion before the motion, and then for two members to offer a motion followed by a second “to approve” the application. This is often followed by further discussion and a vote.
- Possible less than desirable outcomes may vary: One or both persons who offered the motion and second may end up voting against approval. In some instances a majority votes against the motion, and occasionally every member votes against the motion which was offered “to approve” the application.
- In its well-intentioned attempt to avoid falling into the ditch of making a “negative” motion, the public body then risks falling into the other ditch by violating the Roberts Rules injunction against offering a motion or second for which one does not intend to vote.
- Furthermore, these convoluted discussions give the impression that members of the board are not acting in good faith.
- Eli Mina’s practical tools for managing minutes and meetings addresses the fact that while useful, Roberts Rules was primarily intended for and is most suitable for legislative deliberations. He believes that more specialized public hearings may benefit from following different procedures. [2]
- With Mina’s commentary having raised the question of special situations, David J. Allor attempts to find middle ground by introducing a third type of motion which he calls a converse motion. By using his process, the public body can avoid falling into either ditch by allowing for a motion “to deny” the application based on legally defensible reasons which pertain to the particular application under consideration. [3]
- There is no hard and fast rule of how to handle the special situations generated by quasi-judicial hearings and their unique requirements. Each public body has to examine the options, consult with its legal advisors, and craft a policy that best fits its needs.
- One example of how this question has been dealt with in the past can be found in Edgewood’s PZC minutes of October 24, 2011.
- One reason that a converse motion may legitimately be described as a variant of an affirmative motion is that, unlike a negative motion which is stated in a way which signals that the deliberative body is proposing to refrain from taking action, a converse motion “to deny” implies that a deliberative body has weighed evidence and intends to take action, but that such action may be either to approve or to deny an application. Not everyone agrees with Allor’s reasoning, but his method is often found to be more straightforward than dictating that only motions “to approve” are to be used for quasi-judicial hearings.
- In order to better understand the operational uses of terms such as affirmative, negative, and converse some basic knowledge of formal logic is helpful; specifically definitions of relevant terms and the means for converting statements from one form to another while retaining logical equivalence. It is subject which may not be of interest to general audiences, but Martin Cothran’s textbooks on Traditional Formal Logic (Volumes I and II) are resources which I have used in the past and found helpful for exploring this topic.
[The sources which are shown below were current when a previous PZC dealt with the issue in 2010-11]
Note 1: Roberts Rules of Order Newly Revised, 10th ed. (Cambridge, Mass. Perseus Publishing, 2000).
Note 2: Mina’s Guide to Minute Taking: Principles, Standards & Practical Tools. Eli Mina; Published by Eli Mina Consulting in 2004. Vancouver, British Columbia, Canada
Note 3: David J. Allor Planning Commissioners Journal Reprints: A Planning Commissioner Journal Special Collection. Champlain Planning Press 2010.]