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rescind and expunge from the minutes


Guest josh

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When and how do you use "Rescind and Expunge"

Edgar answered the when. As to the how, it works like a regular motion to Rescind... except you need a vote of a majority of the entire membership to adopt it, even if you've provided notice. It's probably not a good idea unless the support is even greater. See RONR, 11th ed., pg. 310 for more information.

what does it mean "on extremely rare occasions".

Well, the presumption is that in an average assembly it will be "extremely rare" that the assembly disapproves of something so strongly that a majority of the entire membership will want to strike a line through it in the minutes and write "Rescind and Ordered Expunged" over it.

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A motion was put on the floor of the assembly and not seconded so it died. However the president stated “that if he was not president” he would put a motion on the floor to expunge it from the record. Because he did not agree with motion, and he did not want record of it in the minutes. And that was done by another member of assembly. And it passed. Is this the correct procedure to follow!!!

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A motion was put on the floor of the assembly and not seconded so it died. However the president stated “that if he was not president” he would put a motion on the floor to expunge it from the record. Because he did not agree with motion, and he did not want record of it in the minutes. And that was done by another member of assembly. And it passed. Is this the correct procedure to follow!!!

(Assuming that this Guest_Guest is the same person as the original poster, Guest Josh -- is it?)

Please read Post 3, by Josh Martin. Doesn't that answer this new question?

Nope. The new question is whether it is the correct procedure for the president to do what he did. Assuming the president was presiding at the time, it was most definitely not the correct procedure.*

But I find it quite interesting that a motion which initially did not even receive a second was then adopted by a vote of a majority of the entire membership because of the president's remarks.

*unless for some reason this assembly follows some of the rules in RONR for small board meetings but not the rule that motions do not require a second. :-)

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A motion was put on the floor of the assembly and not seconded so it died. However the president stated “that if he was not president” he would put a motion on the floor to expunge it from the record. Because he did not agree with motion, and he did not want record of it in the minutes. And that was done by anotNo.her member of assembly. And it passed. Is this the correct procedure to follow!!!

No.

In the first place, a motion which dies for lack of a second clearly has no support. Just note in the minutes that it died for lack of a second.

In the second place, the chair's saying what he would do if he were not president is improper. The reason presidents don't make motions is to preserve their air of impartiality. By saying that, he clearly identified himself as being partial, and so should have relinquished the chair before saying anything.

In the third place, expunging not only leaves a record of it in the minutes, it actually calls special attention to that material in the minutes.

In the fourth place, discussion of the motion was out of order at that time; since the motion had already died, further debate was improper by anyone, let alone the president.

In the fifth place, a motion to Rescind and Expunge from the Minutes was out of order because the motion had not been adopted, and therefore there was nothing to Rescind. You can't rescind something unless it was previously passed. And there is no motion simply to Expunge. It's always Recind and Expunge

Not much good can be said about the way the chair handled this. Except for getting absolutely everything wrong, he did fine.

__________

P.S.: Oh, and you say "it passed" but unless it was adopted by a majority of the entire membership of the organization (even counting absentees), it didn't actually pass. Even a unanimous vote isn't enough to pass it unless it's also a majority of all the members, absent as well as present.

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In the fifth place, a motion to Rescind and Expunge from the Minutes was out of order because the motion had not been adopted, and therefore there was nothing to Rescind. You can't rescind something unless it was previously passed. And there is no motion simply to Expunge. It's always Recind and Expunge

It looks like I totally misread the question, so forget about my earlier response.

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