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Ratification of Difficult Motions


Sean Hunt

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Suppose that an assembly votes to adopt a special rule of order. Notice has been provided and the vote has 2/3rds voting in favour. Subsequently, it is discovered that the meeting is inquorate, and has been since before the vote was taken.

 

At the next meeting, a motion to Ratify the amendment is introduced. What is the required threshold for adoption of the motion?

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Suppose that an assembly votes to adopt a special rule of order. Notice has been provided and the vote has 2/3rds voting in favour. Subsequently, it is discovered that the meeting is inquorate, and has been since before the vote was taken.

 

At the next meeting, a motion to Ratify the amendment is introduced. What is the required threshold for adoption of the motion?

A 2/3 vote, if notice has been given, or a vote of a majority of the entire membership otherwise. A motion to Ratify has the same requirements for adoption as the action to be ratified. Additionally, I don't think the initial notice given will suffice for a motion to Ratify made at a later meeting.

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A 2/3 vote, if notice has been given, or a vote of a majority of the entire membership otherwise. A motion to Ratify has the same requirements for adoption as the action to be ratified. Additionally, I don't think the initial notice given will suffice for a motion to Ratify made at a later meeting.

 

You and I are agreeing, in essence, yes?  (I concede that yes, this will qualify as ratifying, not a new action, though I suspect that Josh Martin doesn't think it matters much, yes?)

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You and I are agreeing, in essence, yes? (I concede that yes, this will qualify as ratifying, not a new action, though I suspect that Josh Martin doesn't think it matters much, yes?)

Yes, we essentially agree, and I don't think it matters much whether the motion is ratified or made anew.

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What, exactly, is the motion to ratify proposing to ratify?

 

Specifically, as far as this thread is concerned, a special rule of order adopted when a quorum was not present; but, more generally, anything hanging in the air without support, which Josh mentioned in post 3 and that I questioned in post 8.  Why ask now?

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Well, if the bylaws adopt RONR (as they should), (a) on on page 103 will be applicable.

 

If I'm taking the second statement in post 3, which I've been questioning here, too generally, please just say so and that'll be that.  For example, if a church's bylaws require a 3/4 vote to hire a pastor, and they do it, and it's later shown that the meeting was inquorate, does p. 103 (a) say that a later motion to ratify the hiring requires a 3/4 vote?  I don't see that, do you?

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If I'm taking the second statement in post 3, which I've been questioning here, too generally, please just say so and that'll be that.  For example, if a church's bylaws require a 3/4 vote to hire a pastor, and they do it, and it's later shown that the meeting was inquorate, does p. 103 (a) say that a later motion to ratify the hiring requires a 3/4 vote?  I don't see that, do you?

 

I see it, since the vote on ratifying the motion to hire the pastor is a vote to hire the pastor. And a vote to ratify the adoption of a special rule of order is a vote to adopt the special rule of order. Et cetera, et cetera.

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  • 2 weeks later...

If I'm taking the second statement in post 3, which I've been questioning here, too generally, please just say so and that'll be that.  For example, if a church's bylaws require a 3/4 vote to hire a pastor, and they do it, and it's later shown that the meeting was inquorate, does p. 103 (a) say that a later motion to ratify the hiring requires a 3/4 vote?  I don't see that, do you?

"An assembly can ratify only such actions of its officers, committees, delegates, or subordinate bodies as it would have had the right to authorize in advance."

If the assembly would not have had the right to hire a pastor with less than a 3/4 vote, then it cannot ratify hiring a pastor with less than a 3/4 vote.

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"An assembly can ratify only such actions of its officers, committees, delegates, or subordinate bodies as it would have had the right to authorize in advance."

If the assembly would not have had the right to hire a pastor with less than a 3/4 vote, then it cannot ratify hiring a pastor with less than a 3/4 vote.

 

I agree with the second sentence, but I'm quite sure that the first sentence has nothing to do with it.

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This is amusing: It seems we are all agreed on the substantive aspect of the question but nobody can agree as to why it is correct.

 

Can you think of any difference in effect between ratifying the action taken at the quorumless meeting at which the motion creating the special rule of order was adopted and simply adopting another motion creating the same special rule of order? 

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I agree with the second sentence, but I'm quite sure that the first sentence has nothing to do with it.

 

Actually, I agree, but I thought I might get away with the fallacy.  I see I didn't.

 

What about justifying it via the rule protecting minorities of a certain size.

 

Can you think of any difference in effect between ratifying the action taken at the quorumless meeting at which the motion creating the special rule of order was adopted and simply adopting another motion creating the same special rule of order? 

 

No, the effect is identical, but there are cases where two different parliamentary methods of skinning a particular cat exist, with different voting thresholds.

 

I don't think it would be a bad idea to include in the description of Ratify an explicit statement of what perhaps ought to be obvious.

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