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Countermanding Board vote


David A Foulkes

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Our state convention will be held next month. At a recent State Board meeting, a motion was passed with an inadequate vote. Bylaws require "five members must concur in every act of the Board of Trustees" and a motion was passed 4-3.

OI 2006-13 explains the membership can adopt a motion to Rescind/Amend Something Previously Adopted to countermand an action taken by the board. I'm just curious if there's any difference as it applies to a convention of delegates from affiliated organizations within the state. I ask because, while there are some differences between conventions and ordinary membership meetings, I suspect the big picture is still the same and 2006-13 applies in convention as well. So I'm simply seeking confirmation.

Also, I imagine this motion to R/ASPA would be brought up under New Business, as there has been no notice of it made that might qualify it as a General Order, or otherwise. Correct?

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OI 2006-13 explains the membership can adopt a motion to Rescind/Amend Something Previously Adopted to countermand an action taken by the board. I'm just curious if there's any difference as it applies to a convention of delegates from affiliated organizations within the state. I ask because, while there are some differences between conventions and ordinary membership meetings, I suspect the big picture is still the same and 2006-13 applies in convention as well. So I'm simply seeking confirmation.

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A thought just popped in: Since the vote at the previous meeting was "invalid" (it did not attain 5 affirmative votes), would it be that a Point of Order needs to be raised at the convention? I'm thinking that since the vote was "null and void", it can't be rescinded, technically speaking.

You seem to have forgotten about Official Interpretation 2006-18.

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