(1) Basis For Reconsideration: A proper request for reconsideration shall be based on one or more of the following:
(a) The prior decision was arbitrary, capricious or otherwise illegal;
(b) There was some material irregularity in the proceedings when the matter was previously voted on by the public body that makes the previous decision improper; or
(c) Newly discovered evidence that is material to persons adversely affected by the original decision that was not or could not, with reasonable diligence, have been discovered and produced at the meeting when the matter was previously voted on by the public body.
(2) Procedure:
(a) During the meeting in which an agenda item has been voted on, the public body may reopen the matter by simple majority vote and reconsider their decision. The request to reconsider the matter must be made by a member who voted with the majority.
(b) After adjournment of the meeting in which an agenda item was voted upon, reconsideration must adhere to the following, except for legislative matters which may be reconsidered by the city council at any time:
(i) Only voting members of the public body may request reconsideration of an agenda item which has been voted on by the public body.
(ii) The request for reconsideration must be made by a member who voted with the majority when the matter was previously voted on by the public body.
(iii) The request for reconsideration shall be transmitted in writing to the chair within thirty (30) days following the meeting the item was previously voted on.
(iv) At the next regularly scheduled meeting of the public body following the chair's receipt of a proper request for reconsideration, under the agenda item entitled "items to be placed on future agendas", the public body will decide whether to reconsider the item on a future agenda. A majority vote in favor of reconsideration will place the item on a future regularly scheduled agenda of the public body. Failure to receive a majority vote will halt the reconsideration process.
(v) Items approved for reconsideration shall be placed on the next regularly scheduled meeting agenda of the public body unless the public body specifically votes to set a different schedule for reconsidering the matter. All affected parties who appeared at and/or participated in the meeting at which the matter was previously voted on shall be mailed written notice by the city recorder of the date of reconsideration. (Ord. 2011-10, 2011)