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  1. Our group has voted to approve an action without thinking it through. No action has been taken yet. The person making the motion wants to rescind it. My opinion is that a recision can be done on any motion or order where irretrievable actions or decision have not been taken. I use Robert's Rules of Order Newly Revised 11th Edition. Where can I find information supporting my opinion? Thank you very much.
  2. Our county held a first and second reading for a rezoning request in January. At the second reading there was a motion and second to rezone the property, and the vote was 3 in favor, 4 against. Our county has a 12 month moratorium on requesting a rezone the same parcel, and the type of zoning (PDD) will not exist after the 12 month moratorium, so we assumed the property would not be rezoned PDD. Now our county has an interest in rezoning the property before the 12 months is complete (developer donating some land), and the county decided to bring back the rezoning request by rescinding the vote that was made at second reading in January. From everything I can see in Robert's rules it looks like the motion to rescind is designated for motions that were approved. There is one section of Robert's rules (newly revised 11th) states that the motion to Rescind or to Amend Something Previously Adopted can be applied only to a motion on which the vote was affirmative. I asked our county attorney about this and I received the following response. **************** "Your error with the language on page 78 of Robert's is your interpretation of the word "affirmative". Affirmative should not be read to mean "passed favorably" in the context of that sentence. "Affirmative" should be read to mean "passed by a majority of the body". Whether the majority favorably passed the motion or denied the motion, the vote was by the majority." *************** End quote he then references page 305 where it talks about using this meaning of affirmative when reading sentences which state that motions to rescind apply to adopted motions. As far as I can tell, an adopted motion is a motion where there are enough positive votes for the needed majority. Are they out of order by rescinding a failed vote on a motion? The county attorney has a law degree and I don't, but it seems like you wouldn't need to rescind motions which failed usually because you should be able to just place them on the agenda again at a later date. Thanks,
  3. Is there a proper procedure to call a legally posted meeting that has been motioned to adjourn and voted in the affirmative to adjourn - back into session because an action on an item was not taken during that original session. See attached meeting minutes. I was told that it is proper to make a motion to rescind the motion to adjourn. I felt this was incorrect as to make a motion, there must be a open meeting from which a motion could be properly recorded. We were officially out-of-session. We proceeded back into session by a motion to rescind, took the missed action, then adjourned again. Note: meetings (non-emergency) must be officaily published with 24 hrs notice. the original meeting was posted properly. BOS BOF 2016 May 12 special joint meeting minutes (1).docx
  4. A vote was called and ruled upon based with a majority vote. Now a member of the majority has resigned. Can the replacement member make a motion (maybe under new businesses) to revoke the past vote? Or does it need to be a sitting member of the majority from the existing vote.
  5. Failed Motion At a Board meeting, a member of the Board made the following motion to create a “policy of the Board”: “All proposed bylaw amendments must be submitted to the Board of Trustees by the Bylaws Committee for the discussion, refinement and approval before being presented to the membership”. This motion failed with 2 ayes, 3 nays and 2 abstaining. My understanding is, as this motion failed, it cannot be brought before the Board again unless “reconsidered” by one member of the prevailing side. In addition, since the motion failed, there would be no basis to “rescind” since there was no action adopted due to the failed motion. Is my understanding accurate? Could this motion be brought to the membership at a general membership meeting even though it failed in a meeting of the Board?
  6. At a recent General Meeting of our incorporated association, a motion that was I believe badly worded was passed. My belief is that the positive result of the vote on the motion might be used to validate a future action of our association's Council, when in fact all it did was record the view of those members who voted for the motion, that a claimed legal conflict between our Constitution and some of our Standing Orders did not exist. At the meeting, I gave notice of my intent to move a motion to rescind the passed motion at the next General Meeting. My intention was to prevent Council and others from taking an irreversible action that used the vote on the motion as proof of that action's validity, until such time as the rescission motion was decided or Council took action to change either the Standing Orders or have the members vote (in a Special General Meeting) to change the constitution so as to remove any doubt about the existence or otherwise of the claimed conflict. Our Constitution and the legislation under which our association is registered make no mention of the rescission motion process, and because the vast majority of our voting has to be done by post or pre-determined proxy, use of a motion to reconsider was impractical. Our Council has now announced their intent to proceed with an action that would involve conducting contests, issuing medals etc. etc., claiming that the decision on the motion now under notice of rescission validates that action. They have advised me that it is totally within Council's power to do whatever it wants. They claim that my Notice has no control over their actions. My question is: Just what are the rules during the period between a Notice to move Rescission being given and the Rescission Motion being decided (or the Notice withdrawn)?
  7. A club elected board member is bullying the rest of the board. How can he be rescinded?
  8. At a recent executive BOD meeting, during an executive session, a motion was passed to remove a steward from their position. There was confidential information shared during this BOD meeting that cannot be shared with the general membership. The steward was officially removed from their position. Can the General Membership rescind this motion after the steward was already removed, without knowing the confidential information that led to his removal?
  9. Hello, Have a question I could use so feedback on. In our organization, a new board just took office, composed primarily of new individuals. As one of their first actions in office, they want to rescind an action taken by the previous board. Is it in order for a new board of officers to rescind an action of a previous board of officers? If so, I have a follow-up. Robert's Rules state that votes "cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo." What would that constitute? For example, let's say an national organization wanted to rescind a motion that granted a state a charter under the national organization. Would the fact that the state had certified delegates to the national convention and voted in elections at that national convention between the time they were chartered and the time the new board voted to rescind the granting of the charter constitute something done as a result of that vote that the assembly cannot undo? Or would it have to be something more material? All thoughts are appreciated. Jack
  10. Some background information before I get to the issue at hand: Our Local Union holds split shift Regular Membership Meetings. We have a 3rd shift meeting at 7:30 and a 2nd shift meeting at 12:30 and a 1st shift meeting at 3:00 pm. Okay. Now we are bound by the following UAW Constitutional directives listed in our UAW Constitution: Article 37 Duties and Powers of Subordinate Bodies Section 4 Shift meetings Where Local Unions hold shift meeting the following rules must be observed: Where the first meeting introduces and passes a motion, the subsequent meetings cannot table the motion. It is mandatory that the later meetings vote on the motion as passed by the first meeting. 2. When the first meeting originates a motion, the succeeding meetings cannot introduce another motion on the same subject inasmuch as all of the shift meetings are actually one. 3. When the succeeding meetings introduce and pass motions, they must be held over for final action to give the first meeting the opportunity of voting on the motion the next time they meet (Detroit, 8/9/49, Pages 309-311) Ok. There’s that. Now to the details: On March 11, 2015, at an Executive Board Meeting, a motion was made, properly supported and passed (8-1) that said, “When we send Group A to the Convention, we will pay for X.” Ok some more background information: Our Local Union Bylaws state that, “All questions of parliamentary nature shall be decided by “Robert’s Rules of Order.” And in another article, our Local Union Bylaws state that, “Minutes will be taken of all Executive Board meetings by the Recording Secretary and shall be available to the membership at meetings.” “All decisions and recommendations of the Executive Board shall be referred to the next Regular Membership Meeting.” Smooth sailing so far. Okay. Now, on March 18, 2015, at the Regular Membership Meeting, a motion was made, and properly seconded to “ACCEPT the Executive Board Meeting Minutes of March 11, 2015, as presented.” After voting was tallied for all three meetings, the final vote was 73-0 in favor, motion PASSED. Now, here comes my dilemma. At the Executive Board Meeting held on April 8, 2015, nothing regarding the aforementioned approved motion was brought up so there is nothing found in the minutes that deal with the issue of “sending Group A to the Convention on May 20-25, and paying for X” Now at the second shift Regular Membership Meeting on the same day, under GOOD AND WELFARE (We were preparing to have second roll call and then ADJOURNMENT) a member tried to bring a motion to the floor that When we send Group A to the Convention on May 20-25, we will pay for X & Y & Z.” I ruled the motion out of order and a lively discussion ensued. Between the second shift meeting and the first shift meeting, however, I began to research if there was some way possible for the concerned members to bring back something that had been deposed of properly at an earlier meeting. It was here I found the motion to rescind could be in my opinion used. So when a member brought forth When we send Group A to the Convention on May 20-25, we will pay for X & Y & Z.” I said that would be out of order but you could first vote to rescind the already passed motion, “When we send Group A to the Convention, we will pay for X.” Which the member did make such a motion to rescind the earlier deposed motion and at the first shift meeting (which is the last one for the day) and it garnered 19-0 votes. Then the member made a motion that When we send Group A to the Convention on May 20-25, we will pay for X & Y & Z. which I allowed in case the motion to rescind ultimately passes at the first two sessions of the next month’s meeting which vote totaled 12-0. And that is where I am at and need help!
  11. Please note letter "b." in the Q-and-A. Q. How did it come to be that the authorship team of RONR came to the decision that one cannot rescind a defeated motion? That is, how did the authorship team reason that Henry Martyn Robert was wrong in 1923?
  12. The executive board of my national organization dealt with a divisive and knotty issue during its recent 1-week quarterly meeting. In accordance with its custom in the type of issue being considered, the decision was reached by a voice ballot, which is to say that after extensive discussion, a general consensus was reached, and a voice yes-no vote on each component of the consensus arrived at was then taken (there were three components) from each member who was eligible to participate in the decision (our rules prohibit the participation of a member if a matter under consideration involves a regional chapter with which the member is affiliated). Two of the components were adopted unanimously and the third component was adopted by a 3/4 majority. At the conclusion of this action, the quarterly meeting was adjourned. At least 3/5 of the members who participated in this vote and who were in the majority are now having morning-after regrets and wish to revisit the entire matter. The resolution that they adopted at their meeting has not yet been executed and the administration is, with bated breath, holding execution of the resolution in abeyance depending on the outcome of this inquiry. Is a motion to amend or rescind the appropriate and easiest pathway to allow the board to engage in a do-over? And a set of subsidiary questions (assuming that the answer to the foregoing question is "yes"): (1) In what circumstances would either motion require a simple majority or a 2/3 majority vote to be adopted? (2) Are the members of the board who were not eligible to participate in the original decision eligible to participate in the vote to amend or rescind? (3) The board often conducts votes between meetings absent objection via fax or email voting if the matter is both time-sensitive and not complicated. For a complicated and time-sensitive matter, they will conduct a telephone conference call meeting to resolve it. Are either or both of these options available to conduct a vote to rescind or amend, and how would either option affect the type of majority vote required, if at all?
  13. Following some "less than proper" behavior by several members and officers of our organization, several of our elected board members (including the Chairperson) sent their resignations to the remainder of the board via email. Now after cooling off, these board members wish to withdraw their resignations and remain on the board. According to RRoO, it is my belief that they can do this. Am I correct? Does any action need to be taken? i.e. - Do we need a motion to NOT accept the resignations? Can our next meeting proceed with the elected Chairperson running the meeting?
  14. our association has some 20 motions ,properly adopted over the years by the membership,at general membership meetings, about our travel policies. some rules and motions are strictly monetary [ spending limits], others are not [ have to do with proper behaviour, ec]. the board reviewed the full set of existing motions, left some intact, rescinded others, revised, combined etc. some now claim that this is an act of amendment of something previously adopted, and as such has to be voted on by the membership. But the parliamentarian ruled that the board's vote is enough. the bylaws say: " Powers of Directors: Subject to the powers of the membership ...all corporate powers of the Association shall be exercised by or under the authority of, and the business and affairs of the Association shall be controlled by the Board. Without limiting the generality of the foreging,the Board shall have the following powers:...... B. to conduct, manage and control the affairs and business of the Association, and to make such rules and regulations therefore that are not inconsistent with the law and with the articles of incorporation or with the bylaws." [The bylaws say that the Association shall follow Roberts Rules.] Now then: Some say that the revision of the existing set of motions is rescinding or amending something previously adopted, and as such it needs the procedures outlined in RR. Others say that the power of the Board is to manage all business functions of the Association, the adoption of rules is such a function, and therefore it is under the sole jurisdiction of the Board, and that the bylaw does not delegates this power to the membership, and so the Baord alone has the power to make rules. What say you? Thanks.
  15. Our club considered a motion to support the formation of a provisional committee and to fund that undertaking with a certain amount of money. The motion was seconded and discussion took place. When discussion was completed the president inadvertantly and incorrectly restated the motion (leaving out the funding part) and called for a vote. The motion, as incorrectly stated, passed unanimously. The meeting minutes were published (not adopted) and questions have arisen as to what was passed; the original motion or the incorrectly stated one. The member who made the original motion seems to think his motion has been passed. The Sec. and Pres. believe this needs to be rescinded and revoted on. How is this fixed? Thanks for the assistance.
  16. The board of directors passed a motion to fire one of our employees. Can the membership at the Annual General Meeting pass a motion to rescind the board's decision and reinstate the employee? How should the motion read and would it need a 2/3 majority vote or a reglar majority?
  17. A council wants to start all over again in the decision making process because they realized a week or so after the meeting at which they adopted a motion that they had violated some of their citizen input rules. To me, it is clear that the time limits to reconsider the motion have expired and that a motion to rescind should now be made at their next meeting to cancel their decision. However, their attorney is advising them differently - but that is not relevant to the question. The question is: Can a decision once rescinded come back as the same question before the assembly at a later time? I don't find anything in RONR that states it can not. The desire of the council is to start the process over from the beginning, take the matter through the proper channels and then have it presented to them again. Of course, the issue at hand is of a controversial nature and there is the likelihood that the motion would not pass the second time around - however it might. In other words, they desire to do what the motion to reconsider allows - to re-open the issue again for discussion. My question stated a bit differently: Does rescind allow a group that same luxury? To return to debate and then vote again on the same question?
  18. Hello, our bylaws require notice of board meetings 15 days prior by mail or personal phone call. Notice of our upcoming meeting has already been given. In order to provide notice of a motion to rescind a motion adopted at our last meeting, can our corresponding secretary phone each board member, or is the motion required to be in writing? Thank you Adam
  19. Our organization's board is bringing forward a resolution to rescind a four-year old moton for a number of reasons. The person who made the motion four years ago insists that before the organization can do so, each member should be supplied with a package that includes all of the presentations, other motions, and discussions that led to the motion that is being brought forward for rescinding. I am unable to find anything in Robert's Rules about such a process being a requirement before a motion can be rescinded. Am I not looking in the right places?
  20. 1. Board amended bylaw 2. Membership ratified amendment 3. Membership now wishes to rescind ratification and, if successful, amend bylaw by substitution (giving prior notice) Is this in order?
  21. Recently, our Union voted to accept a Memorandum of Agreement, proposed by the Company, between the Union and the Company. The motion to accept the MOA was passed using a 2/3 majority of the total group membership. To date neither parties have actually signed the agreement. Is it possible, according to RONR, to have a member make a motion to rescind such MOA after having been accepted by the Union, since the reason it has not been signed stems from a desire by the Company to get a similar MOA passed by another Union employed at the Company (we have 4 separate Union groups under this Company). If this is possible, would such a vote still require a 2/3 majority, or would a simple majority be acceptable? Our bylaws only stipulate that matters that would affect the terms and conditions of work would require a 2/3 majority, but rescinding the MOA would in essence cancel any changes to our terms and conditions of work. Please advise.
  22. I am a member of a Board that voted to change its meeting date, time, and place. The minority (adamantly opposed to the new calendar) have continued to try to invalidate the change (which was adopted by a 2/3rds majority with previous notice), first by ignoring, then by requesting an email vote (our bylaws prohibit email voting), then by making a motion at the last meeting--which I suppose "carried out" the previous motion (at least for that first meeting of the newly adopted calendar). There was no previous notice. There was a simple majority affirmative vote on the new(?) motion (that did not state amend or rescind--but it really is the same issue. (The simple majority, was actually a minority of the full body, so it was neither 2/3rds of the body present or a majority of the full body.) Is this valid? (I suspect no.) If this is not valid, what is the appropriate way to address this at the next meeting? (FWIW, the issue at hand addresses having enough time to address the issues on the agenda, by debate and vote. Historically, we have not enough time and members have never been allowed to debate, only vote, thus the overwhelming majority voted to lengthen the meetings and increase the frequency. It has been opined that the minority is attempting to stifle debate and action as puppets from the administration this body advises. In other words, this is an important issue to this body.)
  23. At a meeting late last year a motion to do X passed. On the agenda for the next meeting, which took place recently, were, among other things, a motion to amend X (to provide more specifics for how it would work) and after that a motion to rescind X. The motion to amend X passed, and the hour was late, so the chair postponed the rest of the business to the next meeting. My question is this: Is it in order for the motion to rescind to come up after an affirmative vote to amend? RONR (11th ed.) states on p. 307: "A negative vote on these motions [to amend or rescind] can be reconsidered, but not an affirmative vote." And on the next page RONR specifies what actions cannot be rescinded or amended, including, "When it has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider (37)." Technically this particular ASPA, which was affirmed, was not a reconsideration, but in the general spirit of the meaning of the term it was. At the next meeting, when the motion to rescind is made, can it be called out of order? The chair of the group (who is not a fan of X) intends to postpone any action on X until after the next meeting.
  24. How would you explain the difference between rescind and reconisder? With a general understanding, how would you debate on each? I don't see the difference in the way you would debate reconsider/rescind, particularly in an FFA demo. Is it debated the same way? An example would be awesome, but any clarification is appreciated. Thanks!
  25. How would you explain the difference between rescind and reconisder? With a general understanding, how would you debate on each? I don't see the difference in the way you would debate rescind or reconisder, especially in an FFA demonstration. Any clarification is appreciated. Thanks!