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Withdrawn motion - recording in minutes


Guest Megan

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At a previous board meeting, a motion was made and seconded. Discussion was held and the person who made the motion and the one who seconded chose to withdraw the motion before a vote was held.

Does the motion need to be recorded in the minutes?

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At a previous board meeting, a motion was made and seconded. Discussion was held and the person who made the motion and the one who seconded chose to withdraw the motion before a vote was held.

Does the motion need to be recorded in the minutes?

Generally withdrawn motions are not included in the minutes (see the footnote on RONR p. 452 for an exception). However, after the question has been stated by the Chair (as happened in your case) the maker of the motion cannot unilaterally withdraw a motion. Permission to do so must be granted first (RONR pp. 283-286).

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Once stated by the Chair - after which debate begins - the assembly must approve the withdrawal of the motion. Otherwise, the motion was not legally withdrawn according to RONR. Plain and simple. And the assembly has better options to deal with the motion than to withdraw it - they could postpone it to an indefinite time, a definite time (i.e. to the next meeting), defeat the motion, refer the motion to a committee, etc.

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Since, according to the original post, there was no objection to withdrawing the motion, or, if no objection was requested, there was no point of order in that regard was made, and the meeting went on to other matters, we can assume that the motion was indeed withdrawn.

Hogwash. The proper procedure for handling a unanimous consent request is given in RONR (10th ed.), pp. 51-53. The facts we are given do not indicate that the permission or consent of the assembly was even sought.

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Not hogwash - or what part do you think is h-wash?

No timely point of order was raised with respect to a failure to follow proper procedure. It's over - the motion is now withdrawn.

No rule in RONR empowers the maker and a seconder to withdraw a motion without the assembly's permission after the question has been stated by the chair.

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The chair erred in allowing the motion to be withdrawn without the consent of the assembly, and in giving any weight to the wishes of the seconder.

He should have at the very least used the magic words "without objection" to indicate that he was presuming consent in the absence of audible dissent.

Since he did not, any member who objected to the withdrawal should have spoken up anyway, either by raising an objection (indicating that he was presuming that the chair was presuming general consent), or by raising a point of order that the motion was withdrawn without consent.

Since none of these things happened--particularly the timely point of order--the motion, though improperly withdrawn, was nevertheless withdrawn, and need not be recorded in the minutes.

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The chair erred in allowing the motion to be withdrawn without the consent of the assembly, and in giving any weight to the wishes of the seconder.

He should have at the very least used the magic words "without objection" to indicate that he was presuming consent in the absence of audible dissent.

Since he did not, any member who objected to the withdrawal should have spoken up anyway, either by raising an objection (indicating that he was presuming that the chair was presuming general consent), or by raising a point of order that the motion was withdrawn without consent.

Since none of these things happened--particularly the timely point of order--the motion, though improperly withdrawn, was nevertheless withdrawn, and need not be recorded in the minutes.

No rule in RONR authorizes the president to usurp powers that rightly belong to the assembly as a whole and do what only the assembly can do.

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No rule in RONR authorizes the president to usurp powers that rightly belong to the assembly as a whole and do what only the assembly can do.

No rule authorizes him to make an honest mistake, or to be ignorant of proper procedure, or to simply blow a call. Yet these things happen too.

However, if the assembly reacted to this presumed usurpation of their rights by sitting still and smiling affably rather than raising a point of order, it's hard for me to find any continuing breach among the wreckage.

I'm not for one minute claiming that things were done right. I'm just saying that apart from some retroactive hand wringing, there's not a lot to be done about it at this late date.

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No rule authorizes him to make an honest mistake, or to be ignorant of proper procedure, or to simply blow a call. Yet these things happen too.

However, if the assembly reacted to this presumed usurpation of their rights by sitting still and smiling affably rather than raising a point of order, it's hard for me to find any continuing breach among the wreckage.

I'm not for one minute claiming that things were done right. I'm just saying that apart from some retroactive hand wringing, there's not a lot to be done about it at this late date.

Sitting still and smiling affably when the president is not asking for unanimous consent does not conform to the proper procedure for transacting business by unanimous consent in RONR (10th ed.), pp. 51-53. The president's "honest mistake" is not equivalent to an act of the assembly on behalf of the society.

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Even when a Point of Order is not raised, the president cannot exercise powers that he does not possess.

Mr. Elsman, no one is arguing that what happened was proper. The original question, however, is whether the motion should be recorded in the minutes. I agree with Mr. Novosielski that "the motion, though improperly withdrawn, was nevertheless withdrawn, and need not be recorded in the minutes." If you have a different opinion regarding what happened to the motion and whether (and how) it should be recorded in the minutes, I would be glad to hear it, but merely restating the obvious (that the President, the motion maker, and the seconder do not have the authority to unilaterally withdraw the motion) does not answer the original poster's question.

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Mr. Elsman, no one is arguing that what happened was proper. The original question, however, is whether the motion should be recorded in the minutes. I agree with Mr. Novosielski that "the motion, though improperly withdrawn, was nevertheless withdrawn, and need not be recorded in the minutes." If you have a different opinion regarding what happened to the motion and whether (and how) it should be recorded in the minutes, I would be glad to hear it, but merely restating the obvious (that the President, the motion maker, and the seconder do not have the authority to unilaterally withdraw the motion) does not answer the original poster's question.

As far as I can tell from facts given, the main motion should be recorded in the minutes like any other main motion that is in the control of the assembly at the time the assembly adjourns, RONR (10th ed.), pp. 452, 453. The facts do not support the conclusion that the assembly gave its permission to withdraw the motion in its control, and the president does not have the power to supply this permission on his own initiative.

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As far as I can tell from facts given, the main motion should be recorded in the minutes like any other main motion that is in the control of the assembly at the time the assembly adjourns, RONR (10th ed.), pp. 452, 453. The facts do not support the conclusion that the assembly gave its permission to withdraw the motion in its control, and the president does not have the power to supply this permission on his own initiative.

What should be recorded for the disposition of the motion?

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