Rescinding a Previous Action

[aranbee]

This is a theoretical question, but given the personalities involved, a real possibility:

At a board meeting, 4 members of a 5-member board are present. A motion is made that the board authorize a specified individual to approve the expenditure of any repair where the estimated cost is less than $1,000 without seeking board approval. The motion passes, 4-0.

At a subsequent meeting, the board member who was absent at the earlier meeting believes that the limiting amount should have been $750 instead of $1,000, and so moves that the earlier action be rescinded. Since there is no prior notice, a 2/3 majority is required for passage. Assuming the unlikely, but possible, chance that the motion to rescind is passed, the member then moves that the specified individual be authorized to approve repair expenditures that do not exceed $750. Can another member then move to amend the motion to increase the limiting amount from $750 to $1,000?

[Guest Edgar]

Yes, but there's no need to rescind the original motion. Just make a motion to amend it to change the amount from $1000 to $750. If that motion is defeated it remains at $1000.

[aranbee]

Yes, but there's no need to rescind the original motion. Just make a motion to amend it to change the amount from $1000 to $750. If that motion is defeated it remains at $1000.

I understand where you're coming from, but, since the action was approved at a previous meeting I believe that, according to RONR, it's a done deal and cannot be amended but must be rescinded. If the motion to rescind includes no other parameters and a second motion is made with different parameters, is a motion to amend those parameters to those of the motion passed at an earlier meeting in order?

[Guest Edgar]

I understand where you're coming from, but, since the action was approved at a previous meeting I believe that, according to RONR, it's a done deal and cannot be amended but must be rescinded.

Not so. Rescinding a motion is just an extreme form of amending it.

If the motion to rescind includes no other parameters and a second motion is made with different parameters, is a motion to amend those parameters to those of the motion passed at an earlier meeting in order?

As I said before, yes, but you're making this much more complicated than it has to be.

[aranbee]

I'm sorry, but I don't understand how a motion passed at a previous meeting can be amended; only rescinded. Can you refer me to a specific reference (page) in RONR that describes the procedure by which a motion passed at a previous meeting can be simply amended?

[Guest Edgar]

See Section 35: Rescind; Amend Something Previously Adopted (often referred to here as ASPA).

[Josh Martin]

This is a theoretical question, but given the personalities involved, a real possibility:

At a board meeting, 4 members of a 5-member board are present. A motion is made that the board authorize a specified individual to approve the expenditure of any repair where the estimated cost is less than $1,000 without seeking board approval. The motion passes, 4-0.

At a subsequent meeting, the board member who was absent at the earlier meeting believes that the limiting amount should have been $750 instead of $1,000, and so moves that the earlier action be rescinded. Since there is no prior notice, a 2/3 majority is required for passage. Assuming the unlikely, but possible, chance that the motion to rescind is passed, the member then moves that the specified individual be authorized to approve repair expenditures that do not exceed $750. Can another member then move to amend the motion to increase the limiting amount from $750 to $1,000?

I concur with the previous posts that the motion to Amend Something Previously Adopted is in order, and I'd note that a majority of the entire membership is also sufficient to adopt this motion without notice (or the motion to Rescind). In a small board, this is probably an easier threshold to meet than a 2/3 vote.