The county is standing by the vote that was cast to approve a special use permit to the All Dulles Area Muslim Society (ADAMS).
Following hundreds of speakers, speaking on both sides of the issue during the 9-hour Citizens’ Time at a recent Board of County Supervisors meeting, the board voted in favor of the permit.
“The mosque is to be located on land zoned A1, which allows religious institutions to be constructed with a special use permit (SUP). The site for the mosque, however, is located in the Rural Crescent, which does not allow by-right access to sewer under the County’s Comprehensive Plan. To allow for sewer requires approval from the Board,” stated a release.
Following the vote in favor, there was a call to reexamine the vote, on the grounds that it may not be “legal”.
More on the situation in a statement from the county:
Following the discussion, the time came for the Board to cast their votes. Supervisor Lawson made a motion to accept staff recommendation, which grants the SUP for the mosque, but does not allow for sewer in accordance with the Comprehensive Plan. Supervisor Nohe offered a substitute motion to grant the SUP and to allow sewer hookup. After much discussion, the Chairman called for the vote, and the substitute motion failed for lack of a majority with a 4-4 vote. Under the Board’s Rules of Procedure, a tie vote ‘fails’.
What happened next created some confusion and lengthy discussions about the Board’s Rules of Procedure, Robert’s Rules of Order and the legality of the Board’s actions.
With no action on the substitute motion due to the tie, the original motion to approve the SUP was on the table for discussion. The Chairman called for any further substitute motions, and Supervisor Principi made the motion to divide the question. Such an action is allowable when a motion has multiple prongs and the body wishes to vote on each separately provided each part of the question can stand alone. By Robert’s Rules, this is not debatable; it simply requires a majority of the body to agree to divide the question.
Technically, there was no question to divide. The motion simply called for one action of the Board –to grant the SUP. However, the Board took up the substitute motion in divided form. First, they called for the motion to approve the SUP for the mosque, and that motion passed unanimously. So, the mosque could be built. However, for the second question, a motion was made to allow sewer. That vote originally showed five in favor, but then the voting board was cleared before the vote was recorded. When asked to vote again, the Board split 4-4, thus there was no action on the motion to allow sewer.
Because it appeared to the Chairman that one member voted inconsistently in the two calls of the question, the Chairman asked whether anyone who voted in favor of the motion would call for a reconsideration. Supervisor Principi called for reconsideration. Technically, according to the Board’s Rules of Procedure and Robert’s Rules, that call to reconsider could have only come from someone voting in the prevailing position (in the case of a tie, it would be a member who voted no). However, the question to reconsider was called, and all members of the Board voted.
The vote to reconsider passed 5-3. So, the motion to allow sewer was called again, and the second time, the Board voted 5-3 to approve the motion.
“According to Virginia Code and case law, any action taken pursuant to the law that is approved by the majority of the board when a legal quorum is present is legally binding,” said Michelle Robl, Prince William County Attorney.
So, despite the multiple motions and Board actions, some consistent with Rules of Procedure and some inconsistent, the final votes of the board were to grant the SUP with sewer. Legally, rules of procedure simply provide guidance to the governing body. Violations of Rules of Procedure or Robert’s Rules do not invalidate the actions of the Board.
