Jump to content
The Official RONR Q & A Forums

Rescind or Divide a Motion?


Guest diane  McFadden

Recommended Posts

Guest diane  McFadden

3 Motions were voted and approved during Extra Ordinary Meeting in Apr 2005. Motion #3 was actually a two-part.

All 3 motions have been acted on except the second part of Motion #3. We would like to ask membership to either rescind second part of Motion #3 or is there an option to divide it?

(part 1)The Board of Directors......apply to the courts for a ruling regarding the application of the Appeals Court ruling to all Sublessees of P Cove. (part 2) The Board shall further ask the courts for enforcement of this ruling.

We have received the Appeals Court ruling. Next round of legal would be the enforcement of this ruling.

The mindset of membership is severely divided as to further legal proceedings. We have spent in excess of 80,000 of this date and many are wanting all this to stop.

My question would be...do we try to rescind this Motion #3 part two.... Do we need another motion to after rescinding to remove Board's authority to pursue this legal issue? or would the rescinding do just that?

Or...can we present a new motion withdrawing authority given to the board to pursue/spend $$ on this legal issue?

I'm getting confused....as it's a mess! We impeached previous Board with a resounding 95% vote and have taken on this mess and it's mind boggling. Help

Link to comment
Share on other sites

Guest diane mcfadden

Ok as I thought, rescinding the motion removes the 'authority' to act. Now, we are a semi residential - summer vacation community, many members live away and not able to attend meetings. We are proposing a mail in vote on rescinding this motion. Feasible? Our bylaws allow for mail in or proxy processes.

Link to comment
Share on other sites

Gary, I'm failing to see what you're getting at in your question to me. Maybe I'm obtuse.

I was just asking if, say, someone asked for a citation for your statement, then at least partly you would point to p. 308 and the part I quoted. 'Cause that was what I was thinking of, or if you had another citation in mind, which I wasn't expecting, because p. 308 seems to be it, but if you did have one, I'd be glad to know it. No biggie.

(Oh for pity's sake. tc, you're as obtuse as a razor's edge. I'm jsut glad you stopped saying "weird.")

Link to comment
Share on other sites

We are proposing a mail in vote on rescinding this motion. Feasible? Our bylaws allow for mail in or proxy processes.

If your bylaws allow for voting by mail, then your organization can vote by mail. RONR's guidelines for voting by mail are on pages 424 through 428. If your organization has specialized rules, follow those.

Link to comment
Share on other sites

We're still dealing with this issue. The Motion as adopted contained 2 parts and should have been divided for two votes as the motion is now 7 years old and second half of motion has not happened yet. It appears membership wants to revote the second question. Can a motion to divide be made and re-ask the second question as it was stated for a revote?

Link to comment
Share on other sites

We're still dealing with this issue. The Motion as adopted contained 2 parts and should have been divided for two votes as the motion is now 7 years old and second half of motion has not happened yet. It appears membership wants to revote the second question. Can a motion to divide be made and re-ask the second question as it was stated for a revote?

No, you would use the motion to Amend Something Previously Adopted, to strike out the unwanted language. See RONR (11th ed.), section 35.

Link to comment
Share on other sites

Sort of.

The cleanest way I can spot would be to simply amend the old two-part motion (amend something previously adopted, p. 305) by striking out all of the words of the second half. You might have to adjust some of the syntax of what remains in the motion, but that shouldn't be much of a problem.

Link to comment
Share on other sites

I concur with the two previous posts. :)

I don't. I'm inclined to believe that this may be making things more complicated than is necessary, and Guest Guest's last post indicates a bit of confusion.

Generally speaking, if a motion has been adopted to do A and B, and A has already been done but B has not, I see nothing wrong with simply making a motion not to do B. This is, in effect, a motion to rescind the decision previously made to do B.

Link to comment
Share on other sites

Dan,

I'm inclined to think a motion to Rescind that does not mention the previously adopted motion would reduce clarity. For example, Dr. Stackpole seemed to be uncertain about the voting requirement, apparently not recognizing it as a motion to Rescind.

As noted on page 309, lines 17-19, "In a great many instances, the motion or resolution originally adopted is not referred to, and only the bylaw, rule, or policy to be rescinded or amended is mentioned."

You are right to point out, however, the necessity of making sure that the assembly understands what is happening. This is generally easy to do, however, since there will undoubtedly be a reference to something more enlightening than just "B", as in my example. :)

Link to comment
Share on other sites

Guest diane mcfadden

Either a two-thirds vote or the vote of a majority of the entire membership.

also on p306 discussion of motion to rescind or amend says 2/3 vote OR majority with notice OR majority of membership...."any one of which will suffice".

Link to comment
Share on other sites

also on p306 discussion of motion to rescind or amend says 2/3 vote OR majority with notice OR majority of membership...."any one of which will suffice".

Yes, but the question asked was "Without any previous notice, what vote threshold would you require to adopt the motion ... ", which brings the choices down to either a two-thirds vote or the vote of a majority of the entire membership.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...