Recinding a vote to merge

[Guest Guest]

Is it possible to rescind a vote based on mis-information? For example: a discussion was held to merge with another organization; during the discussion phase questions were answered in relation to outcome of the merge, i.e. - what will stay the same, what will change, etc. Obviously these answers were the basis for which individuals used to formulate their vote. Now what options does the original voting body have to reverse their vote after identifying 1-2 weeks later that they were significantly misled? Can they call an emergency meeting and put a motion to rescind?

[Chris Harrison]

An emergency meeting can be called if the bylaws specifically provide for them. An action can be Rescinded or Amended for any reason. See RONR pp. 293-299.

[J. J.]

A merger basically involves the repealing of the bylaws on one organization. Only if the final merger did not take place could there be an amendment to the still in existence bylaws.

It might be too late to Rescind the action.

[Robert B Fish]

An emergency meeting can be called if the bylaws specifically provide for them. An action can be Rescinded or Amended for any reason. See RONR pp. 293-299.

Usually action to merge with another group means that you have amended your bylaws to effect the merger. Amendments to the bylaws take effect immediately and may only be changed by amending your bylaws again. This would be complex as the bylaws that exist after the merger would be the combined bylaws of both groups.

My recommendation is that you have a professional parliamentarian to take a look at the documents and the situation to see what you can (anc cannot) do.

-Bob

[hmtcastle]

what options does the original voting body have to reverse their vote after identifying 1-2 weeks later that they were significantly misled? Can they call an emergency meeting and put a motion to rescind?

"In the case of a merger, one of the two organizations . . . ceases to exist". (p.544)

[Josh Martin]

Now what options does the original voting body have to reverse their vote after identifying 1-2 weeks later that they were significantly misled? Can they call an emergency meeting and put a motion to rescind?

As J. J. notes, rescinding is only possible if the merger has not yet happened.

If the merger has already occurred, the original voting body no longer exists and cannot possibly meet. They're just individual members of the new organization. Your only real option would be for those members to all quit and form a different organization.

[hmtcastle]

If the merger has already occurred, the original voting body no longer exists and cannot possibly meet. They're just individual members of the new organization. Your only real option would be for those members to all quit and form a different organization.

Well, just one of the original voting bodies no longer exists. It's not clear which organization the poster belongs to, the one that disappeared or the one that just got a whole bunch of new members, along with some new rules.

I admit that it looks like the poster belonged to the organization that ceased to exist but, if not, she can make a motion to restore the bylaws to their pre-merger state. It won't re-create the "lost" organization but that might not be her problem.