Fraudulent Motion

[Guest RDM]

A motion was presented to our board of directors, and subsequently passed. Since that time, it has come to light that the person alleged to have made this motion, and whose name was submitted as the maker of the motion, did in fact not make it, and knows nothing about it.

Therefore, what is the proper parliamentary procedure to handle this? Rescind as invalid?

Thank you

[Chris Harrison]

Amend the minutes to reflect the correct name of the motion maker (RONR pp. 305-310).

[Trina]

Making a motion in absentia is not allowed under RONR; do your own rules somehow allow an absent member to make a motion?

Regardless of that possible error, once the motion was before the assembly, it became the property of the assembly, so to speak, and the vote stands.

If the motion has not been fully executed, it could be rescinded, if the assembly wishes to do so. However, there is no reason to assume that the adopted motion is invalid simply because the assembly had the wrong idea as to who proposed the motion.

I think the absent member could certainly demand a correction of the past minutes, assuming those minutes (incorrectly) record that person's name as the motion maker. Depending on how the deception was carried out, some member(s) might be subject to discipline.

[Guest RDM]

Let me try and explain this more clearly. A person (as yet unknown as to their identity) created a fake email address, impersonating "John Smith". Using that fake email address and posing as "John Smith", the unknown person submitted the motion to the board as John Smith (the maker of the motion). it was seconded by another board member and subsequently passed. The motion submitted and subsequently passed, was to give "John Smith" the chairman role of a committee.

John Smith has said he did not make that motion, has never contacted the board, and is not the chair of said committee and knows nothing about it.

[J. J.]

Let me try and explain this more clearly. A person (as yet unknown as to their identity) created a fake email address, impersonating "John Smith". Using that fake email address and posing as "John Smith", the unknown person submitted the motion to the board as John Smith (the maker of the motion). it was seconded by another board member and subsequently passed. The motion submitted and subsequently passed, was to give "John Smith" the chairman role of a committee.

John Smith has said he did not make that motion, has never contacted the board, and is not the chair of said committee and knows nothing about it.

The real John Smith is free to resign as the chair of the committee. He was appointed by that motion.

[Chris Harrison]

Did the Board vote on the motion at a meeting or via email? If the Board voted by email do the bylaws specifically provide for that? If not it can't be done in the first place and the vote is null and void (RONR p. 251[d]).

[Guest RDM]

The motion was submitted via email, but voted on at a board meeting.

So the question remains, is the proper way to handle this to rescind it?

[Guest Edgar]

The motion was submitted via email, but voted on at a board meeting.

If someone at the meeting read the motion to the assembly, I'd say that person was the (effective) maker of the motion.

But, yes, rescinding the motion is probably an option.

mEfHeJ

[Josh Martin]

The motion was submitted via email, but voted on at a board meeting.

So the question remains, is the proper way to handle this to rescind it?

The motion is perfectly valid, its shady origins notwithstanding. The proper way to handle this now depends on the desires of Mr. Smith and the board with regards to the committee chairmanship.

• If John Smith does not wish to be the chair of the committee, then the simplest solution would be for John Smith to decline the position (which he could have done when he first learned of his appointment). If he did so, that's the end of it. If not, Mr. Smith should resign from the position and the board should accept the resignation.
  
• If John Smith wants to be chair of the committee (perhaps he considers it to be a pleasant surprise), but the board has changed its mind, then the board should rescind the motion.
  
• If John Smith wants to be chair of the committee and the board agrees, then there is no need to do anything.