Guest Kirstin Posted July 11, 2012 at 04:01 PM Report Share Posted July 11, 2012 at 04:01 PM In a committee, a member leaves the room leaving the committee with bare quorum (5 members). A main motion is voted on and fails 4-1. The absent member comes back to the room and moves to reconsider. The motion passes 6-0. Then the main motion is voted on again and passes 5-1.Was the motion to reconsider the appropriate motion? If proper parliamentary procedure wasn't followed, what would have been the proper procedure? Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2012 at 04:04 PM Report Share Posted July 11, 2012 at 04:04 PM In a committee, a member leaves the room leaving the committee with bare quorum (5 members). A main motion is voted on and fails 4-1. The absent member comes back to the room and moves to reconsider. The motion passes 6-0. Then the main motion is voted on again and passes 5-1.Was the motion to reconsider the appropriate motion? If proper parliamentary procedure wasn't followed, what would have been the proper procedure?It was proper, and apparently it was quite effective. Link to comment Share on other sites More sharing options...
Guest Kirstin Posted July 11, 2012 at 04:26 PM Report Share Posted July 11, 2012 at 04:26 PM I'm glad to hear it was proper, but can you explain a little more why it was proper? Could the member who left the room and returned just have renewed the main motion? Also, it is my understanding that in a committee a member who was not present for the vote can move to reconsider.Thanks, I appreciate your insight! Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2012 at 04:37 PM Report Share Posted July 11, 2012 at 04:37 PM I'm glad to hear it was proper, but can you explain a little more why it was proper? Could the member who left the room and returned just have renewed the main motion? Also, it is my understanding that in a committee a member who was not present for the vote can move to reconsider.Thanks, I appreciate your insight!You're welcome. The member could not have renewed the motion, because a motion cannot be renewed at the same session where it has already been considered (with a few exceptions, of course). See RONR (11th ed.), p. 337, ll. 9-15. In a committee any member who did not vote on the losing side can move to reconsider; this includes those who did not vote, even if they were absent. See RONR (11th ed.), p. 329, l. 25 - p. 330, l. 13. Link to comment Share on other sites More sharing options...
Guest kirstin Posted July 11, 2012 at 05:05 PM Report Share Posted July 11, 2012 at 05:05 PM Thank you Mr. Wynn! Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2012 at 05:20 PM Report Share Posted July 11, 2012 at 05:20 PM Thank you Mr. Wynn!My pleasure, Ms. . . . uh, . . . Kirstin? Okay, just call me Tim. We'll do it that way. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 11, 2012 at 11:44 PM Report Share Posted July 11, 2012 at 11:44 PM A main motion is voted on and fails 4-1.Now, that is some bad math. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 11, 2012 at 11:45 PM Report Share Posted July 11, 2012 at 11:45 PM Now, that is some bad math.I think it's inverted. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 11, 2012 at 11:48 PM Report Share Posted July 11, 2012 at 11:48 PM Well, that's some htam, then. (Yeah, I figured, but anyway....) Link to comment Share on other sites More sharing options...
Guest Edgar Posted July 11, 2012 at 11:57 PM Report Share Posted July 11, 2012 at 11:57 PM A main motion is voted on and fails 4-1.Now, that is some bad math.Oh, I don't know. The Yankees played the Red Sox last Sunday and Boston lost, 7-3.9YgAAq Link to comment Share on other sites More sharing options...
hammaui Posted July 12, 2012 at 04:46 PM Report Share Posted July 12, 2012 at 04:46 PM We have a 9 member body and a majority of the body must agree for any action to be valid, even if there are members absent. So if there are only 5 members present, you must have 5 in favor for a motion to pass, or 5 in opposition for the motion to be denied. So I have been told that because the vote was 4 in favor and 1 opposed, the motion failed for lack of a majority and there was no prevailing side and no losing side. Therefore, there was no action. When the absent member returned, anyone could have made the same motion.Maybe I left out too much information in my original question. Does this change the analysis? Thanks. Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 12, 2012 at 05:01 PM Report Share Posted July 12, 2012 at 05:01 PM We have a 9 member body and a majority of the body must agree for any action to be valid, even if there are members absent.This is not the rule in RONR, but if you bylaws state this voting requirement, it supersedes RONR. So if there are only 5 members present, you must have 5 in favor for a motion to pass,Okay. or 5 in opposition for the motion to be denied. This is not accurate. If a motion is not adopted, it is lost. Since you require five affirmative votes to adopt a motion, with anything less than five affirmative votes, the motion is lost, even if no one votes against it. So I have been told that because the vote was 4 in favor and 1 opposed, the motion failed for lack of a majority and there was no prevailing side and no losing side. Therefore, there was no action. When the absent member returned, anyone could have made the same motion.If the motion was lost, anyone who voted against it voted on the prevailing side; those who voted for it voted on the losing side. Maybe I left out too much information in my original question. Does this change the analysis? Thanks.No, the conclusion is still the same. Link to comment Share on other sites More sharing options...
hammaui Posted July 12, 2012 at 06:28 PM Report Share Posted July 12, 2012 at 06:28 PM It's a State law that says:"a majority of all the members to which the board or commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is entitled shall be necessary to make any action of the board or commission valid". So I think the argument is that if a majority to which the board is entitled doesn't vote on one side or the other, then the action is not valid and you are back where you started.Anyway, thanks again for your helpful input!Thanks for your in Link to comment Share on other sites More sharing options...
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