Dispossing of a Motion

[Guest Craig]

How do you dispose of a motion that has already been passed by the membership, but then found to be a violation of the law as well as the organizations constitution?

[Chris Harrison]

How do you dispose of a motion that has already been passed by the membership, but then found to be a violation of the law as well as the organizations constitution?

A Point of Order can be raised based on RONR p. 244 (a) that the adopted motion conflicts with the Constitution. With one exception the fact that the adopted motion is violating the law would not render it null and void.

[Guest Craig]

How do you dispose of a motion that has already been passed by the membership, but then found to be a violation of the law as well as the organizations constitution?

Since the motion was made 2 years ago, and had no timeline to be implemented can we simpy make a motion to resind the previous motion?

[hmtcastle]

Since the motion was made 2 years ago, and had no timeline to be implemented can we simpy make a motion to resind the previous motion?

Rescinding an invalid motion is not the proper solution. Raise a point of order as Mr. H. suggested.

[George Mervosh]

Rescinding an invalid motion is not the proper solution. Raise a point of order as Mr. H suggested.

Unless "we" is the Board.

[Guest Craig]

Unless "we" is the Board.

Yes "we" is the executive board

[George Mervosh]

Yes "we" is the executive board

Then you can't do a thing, except ignore it and explain why you ignored it later. They need to do what Chris said.

[Chris Harrison]

Yes "we" is the executive board

The Board would not have the authority to declare the adopted motion null and void. You would need to get a member to raise the Point of Order at a Membership meeting.

[Gary Novosielski]

Since the motion was made 2 years ago, and had no timeline to be implemented can we [simply] make a motion to [rescind] the previous motion?

That would still mean that for the past 2 years you were breaking the law and violating your constitution.

If nothing was ever implemented, then a Point of Order that the policy was in conflict with the constituttion all along, and was therefore never properly in effect, would seem to be the better course.

Also, a motion to Rescind, without previous notice, needs a 2/3 vote or a majority of the entire membership, while a Point of Order requires only a single member and a sympathetic chair.

[Gary Novosielski]

Yes "we" is the executive board

Nononono. If it was passed by the membership, the board has no power to change it.

[Guest Craig]

Nononono. If it was passed by the membership, the board has no power to change it.

I should be more specific the motion was to make a change to the by-laws - with out giving any specific language to change them to. The change has never been made, as nobody really understood what was being asked, the person that made the motion is the chair of our by-laws committee - but has never met or made a motion a secondary motion to make any specific changes to the language. We are now trying to insure that we follow the will of the membership and in doing so, we advised by our international that the proposed changes would be in violation of the constitution because they would call for a process and procedure outside of what the consititution describes. So my question is how do we get rid of the motion now, so that we are not accused of not fulfilling our obligation?

[Gary Novosielski]

I should be more specific the motion was to make a change to the by-laws - with out giving any specific language to change them to. The change has never been made, as nobody really understood what was being asked, the person that made the motion is the chair of our by-laws committee - but has never met or made a motion a secondary motion to make any specific changes to the language. We are now trying to insure that we follow the will of the membership and in doing so, we advised by our international that the proposed changes would be in violation of the constitution because they would call for a process and procedure outside of what the consititution describes. So my question is how do we get rid of the motion now, so that we are not accused of not fulfilling our obligation?

You can't. Only the membership can, since they are the ones who passed it. Do your bylaws allow the calling of a special meeting of the general membership? That's the only way you're going to know what the "will of the membership" is, at this point.

[Guest Craig]

You can't. Only the membership can, since they are the ones who passed it. Do your bylaws allow the calling of a special meeting of the general membership? That's the only way you're going to know what the "will of the membership" is, at this point.

So if at our next membership meeting, a member was to make a point of order, that the motion passed was in violation of the national's constitution, and the president ruled in favor of this, and there was no challenge from the membership present, would we be ok?

[George Mervosh]

So if at our next membership meeting, a member was to make a point of order, that the motion passed was in violation of the national's constitution, and the president ruled in favor of this, and there was no challenge from the membership present, would we be ok?

I don't mean to be disrespectful, but we have told you multiple times, the Executive Board can't do it. The membership has to do it at their meeting. You'll have to accept that answer.

[Gary Novosielski]

So if at our next membership meeting, a member was to make a point of order, that the motion passed was in violation of the national's constitution, and the president ruled in favor of this, and there was no challenge from the membership present, would we be ok?

Yes, at a membership meeting, that would work.

[Gary Novosielski]

I don't mean to be disrespectful, but we have told you multiple times, the Executive Board can't do it. The membership has to do it at their meeting. You'll have to accept that answer.

Well, it looked like "membership meeting" from here.

[tctheatc]

I should be more specific the motion was to make a change to the by-laws - with out giving any specific language to change them to. The change has never been made, as nobody really understood what was being asked, the person that made the motion is the chair of our by-laws committee - but has never met or made a motion a secondary motion to make any specific changes to the language. We are now trying to insure that we follow the will of the membership and in doing so, we advised by our international that the proposed changes would be in violation of the constitution because they would call for a process and procedure outside of what the consititution describes. So my question is how do we get rid of the motion now, so that we are not accused of not fulfilling our obligation?

So you want to undo a motion that was never done, that contained no specific language, and that nobody ever understood? But y'all voted for anyway??

I would suggest there are deeper, more basic issues to be dealt with.