Motion to Deny
Motion to Deny is a motion that City of San Marcos is required to use to reject a motion before council. In other cities in the area, no such motion is used because of either the language in their municipal code or the interpretation of their city attorney. Here's what other municipal codes in the area say.
Article 2, Section 11 The council shall by ordinance determine its own rules and order of business. Four (4) or more councilmembers shall constitute a quorum, but no action of the council shall be of any force or effect unless it is adopted by the favorable votes of four (4) or more of the councilmembers. Minutes of all meetings of the council shall be taken and recorded, and such minutes shall constitute a public record. [Requires action for passage or failure]
SECTION 3.11 Ordinances A. Passage. Ordinances shall be introduced to the City Council only in written or printed form. The subject or subjects of all ordinances shall be clearly expressed in the title. Except as may otherwise be prescribed in this Charter, an ordinance shall not be finally passed at the meeting of the City Council at which it is first introduced, but it shall then be read, and the City Council will determine whether it shall be rejected or further considered at a subsequent meeting of the City Council. If rejected, no further action shall be required. Upon second reading, the ordinance may be adopted and enacted. The affirmative vote of four or more members of the City Council is required to enact any ordinance, unless a greater number is required by law or this Charter. [Assuming rejection unless passed]
Section 4.06 Ordinances The council may adopt legislation by ordinance regarding any subject or matter relating to or dealing with any public purpose, including, but not limited to, the adoption of standardized codes and regulations. An ordinance must be enacted whenever the purpose is to regulate persons and property; whenever there is imposed a penalty, fine, forfeiture, or tax; whenever the purpose is to set a rate to be paid by consumers; whenever an ordinance is required by state law or this charter; or when an ordinance is amended. The authority of the council to legislate to accomplish any public purpose shall be subject only to the following: (f) An ordinance that does not receive a majority vote on first reading shall not advance for consideration on second reading; [Pass vs. Fail interpretation] Sec. 3.08. - Voting. All members of the council present shall vote upon every issue, subject or matter properly before the council and requiring a council vote; provided that, if any member of the council has a conflict of interest that fact shall be stated in the minutes and such member shall abstain from discussion and voting on the issue. No ordinance, resolution, order, action, matter or issue, shall be passed, approved, adopted, taken or consented to except by a majority vote of the members of council present and voting, and not less than four affirmative votes shall be required to pass, approve, adopt, take action on, or consent to any ordinance, resolution, action, matter, issue, or motion.
Section 3.10 The city council shall determine by ordinance its own rules of procedure and order of business. Four or more council members shall constitute a quorum, but no action of the council shall be of any force or effect unless it is adopted by the favorable votes of four or more of the council members. Minutes of all meetings of the council, including the vote of "ayes" and "noes" upon the passage of all ordinances and resolutions, shall be taken and recorded, and such minutes shall constitute a permanent record to which any citizen may have access at all reasonable times. [Requires action for passage or failure]