William H. Posted June 16, 2017 at 04:30 PM Report Share Posted June 16, 2017 at 04:30 PM Good afternoon - I haven't been able to find an exact answer to a situation I find myself in. A few months ago my church passed a motion on a job description for an interim pastor. We plan to use this job description to call an interim pastor, but there's a possibility that someone will make a motion to amend the description. Can this be done at this time? And is there a limit to how much they can amend? There amendment is basically a complete strike and replace of the original passed motion. I would think an attempt to rescind would fail because the motion is in progress of being acted upon, but I'm curious about it being amended. (There's also talk of calling a point of order on whether the motion/job description includes language that violates by-laws; you'd think 2 months after the motion was past these concerns would have been mentioned). Thank you! Scott Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted June 16, 2017 at 06:04 PM Report Share Posted June 16, 2017 at 06:04 PM What does 'in progress of being acted upon' mean? The rule is that it cannot be rescinded if it's been executed. However, I'm not sure when a job description is "executed" prior to the execution of an employment contract. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted June 17, 2017 at 01:48 AM Report Share Posted June 17, 2017 at 01:48 AM If the motion violates the bylaws, it can be voided at any time by a point or order. Otherwise, it can be amended in any way which does not attempt to change something which cannot be undone. Quote Link to comment Share on other sites More sharing options...
Rev Ed Posted June 17, 2017 at 02:10 AM Report Share Posted June 17, 2017 at 02:10 AM You may need to consult a lawyer if you have listed the job on any job boards (including the Church's own website), but until that point, I would say yes the job description could be amended through a motion to amend something previously approved. However, once you agree to hire someone - or if the Church is in the actual process of hiring someone (i.e. advertising the job and accepting applications), then while RONR would still allow you to change the motion that approved the job description (you haven't actually hire anyone so the motion has in effect not been completed) but again this issue touches on employment so employment law may say something different and that is beyond scope of RONR, so beyond what we can advise on this forum. Quote Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted June 19, 2017 at 12:53 AM Report Share Posted June 19, 2017 at 12:53 AM On 6/16/2017 at 9:30 AM, William H. said: Can this be done at this time? And is there a limit to how much they can amend? There amendment is basically a complete strike and replace of the original passed motion. In general: • Whatever job description is adopted, can be amended. (I assume you are NOT amending bylaws or constitution.) • There is no time limit (like "too late"). Quote Link to comment Share on other sites More sharing options...
RuthMills Posted September 11, 2017 at 05:31 AM Report Share Posted September 11, 2017 at 05:31 AM Have you consulted a lawyer? What he has to say on this topic? Yeah, this will connect the entire matter with the employment issue. It is better to know the employment law to abide through all the rules and regulations. An attorney may guide you better. For more helpful hints you may also search on the social media profiles to have few options to make a choice. Quote Link to comment Share on other sites More sharing options...
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