Bea Mosely Posted June 3, 2011 at 05:40 PM Report Share Posted June 3, 2011 at 05:40 PM At our board meeting we had a motion made, seconded, and voted upon. Then the chair asked that the motion be tabled pending further legal advice to see if indeed the motion could be implemented. The person who made the motion tore up the paper the motion was made on. Then the chair made a motion to rescind the original motion and table until further investigation. It was seconded and approved. Upon later legal advice, it was evident that the original motion cannot be implemented. While this whole process is out of order, what would you recommend the procedure be at the next meeting to clear up this issue? Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 3, 2011 at 05:54 PM Report Share Posted June 3, 2011 at 05:54 PM At our board meeting we had a motion made, seconded, and voted upon. Was it adopted or lost?Then the chair asked that the motion be tabled pending further legal advice to see if indeed the motion could be implemented.You cannot apply the motion to Lay on the Table (often called "table") to a motion that has been adopted or lost, since it can only be applied to a pending motion. The person who made the motion tore up the paper the motion was made on.Neither this person, nor their action of tearing, has control over the disposition of the motion.Then the chair made a motion to rescind the original motion and table until further investigation. It was seconded and approved.This leads me to believe that the first motion was adopted. Since the motion to rescind was adopted as well, there is nothing to Lay on the Table. Upon later legal advice, it was evident that the original motion cannot be implemented. While this whole process is out of order, what would you recommend the procedure be at the next meeting to clear up this issue?This issue doesn't need any clearing, since it was rescinded. Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 3, 2011 at 05:55 PM Report Share Posted June 3, 2011 at 05:55 PM At our board meeting we had a motion made, seconded, and voted upon. Then the chair asked that the motion be tabled pending further legal advice to see if indeed the motion could be implemented. The person who made the motion tore up the paper the motion was made on. Then the chair made a motion to rescind the original motion and table until further investigation. It was seconded and approved. Upon later legal advice, it was evident that the original motion cannot be implemented. While this whole process is out of order, what would you recommend the procedure be at the next meeting to clear up this issue?How long ago was this Board meeting and has there been a Board meeting since then? Link to comment Share on other sites More sharing options...
Tim Wynn Posted June 3, 2011 at 05:58 PM Report Share Posted June 3, 2011 at 05:58 PM How long ago was this Board meeting and has there been a Board meeting since then?Are you insinuating that a rescinded motion can be laid on the table? Link to comment Share on other sites More sharing options...
Bea Mosely Posted June 3, 2011 at 06:02 PM Author Report Share Posted June 3, 2011 at 06:02 PM How long ago was this Board meeting and has there been a Board meeting since then?The board meeting was 5 weeks ago. There was a "special" board meeting with a speaker but not a regular board meeting yet. Link to comment Share on other sites More sharing options...
Rob Elsman Posted June 3, 2011 at 06:03 PM Report Share Posted June 3, 2011 at 06:03 PM At our board meeting we had a motion made, seconded, and voted upon. Then the chair asked that the motion be tabled pending further legal advice to see if indeed the motion could be implemented. The person who made the motion tore up the paper the motion was made on. Then the chair made a motion to rescind the original motion and table until further investigation. It was seconded and approved. Upon later legal advice, it was evident that the original motion cannot be implemented. While this whole process is out of order, what would you recommend the procedure be at the next meeting to clear up this issue?None of this makes much sense, so I doubt any further procedure would make anything any clearer. Instead, why don't all of you go and buy a copy of RONR (10th ed.) and read it. Link to comment Share on other sites More sharing options...
Bea Mosely Posted June 3, 2011 at 06:06 PM Author Report Share Posted June 3, 2011 at 06:06 PM None of this makes much sense, so I doubt any further procedure would make anything any clearer. Instead, why don't all of you go and buy a copy of RONR (10th ed.) and read it.That's why we need you! We're all crazy! Link to comment Share on other sites More sharing options...
tctheatc Posted June 3, 2011 at 06:07 PM Report Share Posted June 3, 2011 at 06:07 PM what would you recommend the procedure be at the next meeting to clear up this issue? Helpful comments such as "we need to check if this is legal!" are most helpful when they're made BEFORE the vote!! Too often people have questions/reservations and keep mum for fear of being a wet blanket, and then bring up a very salient point as the adjourned meeting spills into the parking lot. Such situations are described here frequently. Speak up, people!! Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 3, 2011 at 06:10 PM Report Share Posted June 3, 2011 at 06:10 PM Are you insinuating that a rescinded motion can be laid on the table? No but I am not convinced that the motion was ever adopted in the first place nor that proper terminology was used properly here. We have seen cases posted here where the vote has been started and then is interrupted or before the results were read the brakes were put on the process for whatever reason. I also am not sure that by "rescind and table" that the intent wasn't for it to be put in a holding pattern while legal advice was sought. Maybe Bea will come back and fill in some of the details such as if the motion was actually adopted or was the vote interrupted prior to the result of the vote being announced and (if she is a mind reader) what the Chair's intent was by moving to "rescind the original motion and table until further investigation". Link to comment Share on other sites More sharing options...
David A Foulkes Posted June 3, 2011 at 06:13 PM Report Share Posted June 3, 2011 at 06:13 PM ..... the original motion cannot be implemented. ... what would you recommend the procedure be at the next meeting to clear up this issue?I'm not sure there is a best way to untie this knot of parliarmentary missteps. I'd think that since this motion, for whatever reason, cannot be implemented anyway, as long as everyone agrees that whatever might have been done has been undone, and nothing is left dangling or binding, the best next step forward would be to move on and never speak of this again. It never should have happened (i.e. can't be implemented) so let the horse live. This is just my suggestion. Link to comment Share on other sites More sharing options...
Rob Elsman Posted June 3, 2011 at 06:13 PM Report Share Posted June 3, 2011 at 06:13 PM That's why we need you! We're all crazy!Well, you don't sound crazy to me. I think the members are not well-enough trained in proper parliamentary practice. This seems especially true of the chairman. Rather than me trying to make a silver purse out of a sow's ear, let's get all of you to studying the book in earnest. I think a lot of things will become much clearer if you will. Link to comment Share on other sites More sharing options...
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