Chris Harrison Posted July 11, 2011 at 10:17 PM Report Share Posted July 11, 2011 at 10:17 PM Say that a resolution was adopted and although the actions the resolution ordered have been fully executed the assembly now wishes to Rescind and Expunge From The Minutes the preamble. Can that be done?For example, say that one night there was a very small turnout at a meeting and the members present (obviously quite drunk or something) decide to have the clubhouse painted with polka dots (and they have the authority to have that done) and the clubhouse is accordingly painted that way. Naturally, when the members find out about this they are quite furious and adopt a resolution where in the preamble they totally lambast the folks who made their clubhouse the laughing stock of the county using some rather strong and indecorous language concluding the resolution with an order the clubhouse be painted another color. The clubhouse is repainted. Later the membership comes to regret the strong wording they used in the preamble. Obviously the ordered action has been taken (repainting the clubhouse) and so can't be Rescinded (and they wouldn't want it to be) but would they be able to apply Rescind and Expunge From The Minutes on the preamble itself? Link to comment Share on other sites More sharing options...
Josh Martin Posted July 12, 2011 at 01:47 AM Report Share Posted July 12, 2011 at 01:47 AM Say that a resolution was adopted and although the actions the resolution ordered have been fully executed the assembly now wishes to Rescind and Expunge From The Minutes the preamble. Can that be done?For example, say that one night there was a very small turnout at a meeting and the members present (obviously quite drunk or something) decide to have the clubhouse painted with polka dots (and they have the authority to have that done) and the clubhouse is accordingly painted that way. Naturally, when the members find out about this they are quite furious and adopt a resolution where in the preamble they totally lambast the folks who made their clubhouse the laughing stock of the county using some rather strong and indecorous language concluding the resolution with an order the clubhouse be painted another color. The clubhouse is repainted. Later the membership comes to regret the strong wording they used in the preamble. Obviously the ordered action has been taken (repainting the clubhouse) and so can't be Rescinded (and they wouldn't want it to be) but would they be able to apply Rescind and Expunge From The Minutes on the preamble itself?Yes, I would think so, for the following reasons:The motion to Rescind is not necessarily limited to rescinding an entire motion. It may be used to "strike out an entire main motion, resolution, rule, bylaw, section, or paragraph that has been adopted at some previous time." (RONR, 10th ed., pg. 294, lines 5-7, emphasis added) Based on this, it seems logical that the motion to Rescind could be applied to a preamble. Since Rescind and Expunge from the Minutes is just a special form of Rescind, it could be used in this manner as well.The motion to Rescind may be applied to the unexecuted part of an order. (RONR, 10th ed., pg. 297, lines 33-35) In the example provided, it seems that the language regarding the position of the assembly with respect to the polka dot members still has continuing force and effect. (RONR, 10th ed., pg. 294, lines 24-27) Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted July 12, 2011 at 02:01 AM Report Share Posted July 12, 2011 at 02:01 AM Say that a resolution was adopted and although the actions the resolution ordered have been fully executed the assembly now wishes to Rescind and Expunge From The Minutes the preamble. Can that be done?For example, say that one night there was a very small turnout at a meeting and the members present (obviously quite drunk or something) decide to have the clubhouse painted with polka dots (and they have the authority to have that done) and the clubhouse is accordingly painted that way. Naturally, when the members find out about this they are quite furious and adopt a resolution where in the preamble they totally lambast the folks who made their clubhouse the laughing stock of the county using some rather strong and indecorous language concluding the resolution with an order the clubhouse be painted another color. The clubhouse is repainted. Later the membership comes to regret the strong wording they used in the preamble. Obviously the ordered action has been taken (repainting the clubhouse) and so can't be Rescinded (and they wouldn't want it to be) but would they be able to apply Rescind and Expunge From The Minutes on the preamble itself?Interesting example. When this happened at the Orchid Fanciers Society, the chairman ruled that the motion to Rescind and Expunge was not in order -- but only because there was less than a majority of the membership in attendance at the time. Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 12, 2011 at 10:07 AM Report Share Posted July 12, 2011 at 10:07 AM I agree with both Josh and the chairman of the Orchid Fanciers Society (two of the cognoscenti, obviously). Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 12, 2011 at 05:58 PM Report Share Posted July 12, 2011 at 05:58 PM I agree with both Josh and the chairman of the Orchid Fanciers Society (two of the cognoscenti, obviously). Yes, they both seem to know a lot about orchids. Link to comment Share on other sites More sharing options...
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