KSweet Posted November 26, 2012 at 09:38 PM Report Share Posted November 26, 2012 at 09:38 PM In amending the main motion, the board member had stricken the entire language and introduced a completely new matter. actual occurrence:Main Motion: "Tax Reduction Law - to reduce property taxes to the financially overburdened taxpayers . . ."A motion to amend the main motion to strike the following language "Tax Reduction Law - to reduce property taxes to the financially overburdened taxpayers . . ." and insert ". . . will 1) contract out the ambulance service to a private ambulance company, 2) cap the number of paid firemen to 20 firemen, and 3) hire volunteer firemen to assist the paid firemen"How would you "react" to this amendment? Is it valid? Link to comment Share on other sites More sharing options...
Trina Posted November 26, 2012 at 10:02 PM Report Share Posted November 26, 2012 at 10:02 PM Amendment by substitution is certainly possible.However, 'an amendment must be germane to be in order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied.' (RONR 11th ed. p. 136 ll. 6-9).In the instance you describe, it's hard to see how the germaneness standard would be met. However, we haven't seen the whole main motion. . . Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 27, 2012 at 04:00 AM Report Share Posted November 27, 2012 at 04:00 AM However, we haven't seen the whole main motion. . .Good point. I'm certain I would not consider the main motion, if exactly as given by the original poster, to be a legitimate motion. Link to comment Share on other sites More sharing options...
KSweet Posted November 27, 2012 at 02:11 PM Author Report Share Posted November 27, 2012 at 02:11 PM I completely understand the question regarding the main motion being legitimate. It really doesn't say anything but that was how it was presented. The discussion did discuss changing the structure of the Department but the main motion was so vague (that is how we got it - the ellipsis just omitted the jurisdiction, no further "meat").I think that there may be an Open Meetings matter in addition to a procedural matter to consider (yes I know this is an ROR forum). Thank you for input! Link to comment Share on other sites More sharing options...
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