Guest J Posted February 13, 2013 at 03:06 PM Report Share Posted February 13, 2013 at 03:06 PM If the board of an organization holds a board meeting and makes a motion that passes among the board members and executed, a month later at a general membership meetting, can a member rally attendance, make a motion without notice, vote and rescind the previous board decision. Without notice, there is discrepency if 2/3 vote of the attending members is legal. Also, the fact that the motion was exectued already and parties were informed. Link to comment Share on other sites More sharing options...
jstackpo Posted February 13, 2013 at 04:22 PM Report Share Posted February 13, 2013 at 04:22 PM It is most likely that, since the board's motion was "executed", it is too late to attempt to rescind it. But that might depend on the details and content of the motion.It is never too late to move to censure (or more) the Board, if you, collectively, don't like what they did.You could also move to abrogate a (possible) contract, but that can lead to all sorts of difficulties. Link to comment Share on other sites More sharing options...
g40 Posted February 13, 2013 at 06:09 PM Report Share Posted February 13, 2013 at 06:09 PM One thing to check is your bylaws and governing documents to determine whether such action by the general membership is allowed. Some organizations, for various reasons, limit certain actions to the board, and actions to override board actions are not allowed. Link to comment Share on other sites More sharing options...
Tim Wynn Posted February 13, 2013 at 06:35 PM Report Share Posted February 13, 2013 at 06:35 PM One thing to check is your bylaws and governing documents to determine whether such action by the general membership is allowed. Some organizations, for various reasons, limit certain actions to the board, and actions to override board actions are not allowed.And let's hope no such provision is found. Link to comment Share on other sites More sharing options...
Tim Wynn Posted February 13, 2013 at 06:51 PM Report Share Posted February 13, 2013 at 06:51 PM If the board of an organization holds a board meeting and makes a motion that passes among the board members and executed, a month later at a general membership meetting, can a member rally attendance, make a motion without notice, vote and rescind the previous board decision.In general, a previous action can be rescinded without notice through either a) a two-thirds vote; or b.) a vote of a majority of the ENTIRE membership.However, when something has been done that is impossible to undo, that particular something cannot be rescinded. See RONR (11th ed.), p. 308, ll. 20-23. Without notice, there is discrepency if 2/3 vote of the attending members is legal. Also, the fact that the motion was exectued already and parties were informed.Without notice, a two-thirds vote (meaning two-thirds of those present and voting) will suffice, which need not be two-thirds of those attending. See RONR (11th ed.), p. 306, ll. 24-34. As previously mentioned, the "executed already" part may create a complication. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.