Guest GrayBeard Posted October 27, 2013 at 10:50 PM Report Share Posted October 27, 2013 at 10:50 PM My question concerns the the ability of a newly-seated board – after elections were held – to reconsider a vote taken a the previous meeting, of the board, that is, before the new board was seated. By laws: The by-laws of this board allow for motions for reconsideration to be brought by a member voting on the prevailing side, either at the same meeting as when the vote was originally taken, or at the immediately following meeting. On Oct. 1, a vote was taken on Resolution X, which failed on a 3-4 vote. On Oct. 8, city-wide elections for 3 of the 7 seats on the board are held. The outcome of the election is that 2 of them win, but one new member is elected to the board. On Oct. 15, the three winners are installed, with the resulting composition of the board being 6 members who were on the board on Oct. 1, and one new member. Boardmember A, who was on the board on Oct 1, voted against Resolution X, and was thus on the prevailing side. Question: Is there anything in Robert's Rules to prohibit Boardmember A from bringing back Resolution X for reconsideration, given the board's by-laws? In other words, is it a valid objection to say: Look, here now, this is a "new assembly" and any action taken by the previous assembly cannot be reconsidered by this new group of people! Link to comment Share on other sites More sharing options...
jstackpo Posted October 28, 2013 at 12:38 AM Report Share Posted October 28, 2013 at 12:38 AM Since the motion in question was defeated, there is nothing preventing ANY member from just making is again (renew is the technical term) in the next session of the assembly. Link to comment Share on other sites More sharing options...
Bruce Lages Posted October 28, 2013 at 12:38 AM Report Share Posted October 28, 2013 at 12:38 AM RONR would not allow a motion to reconsider at the next meeting because of the time constraints imposed on reconsider, but your bylaws take preceddence over the rules in RONR. However, since the original motion was defeated, the proper procedure is simply to make the motion again - what RONR calls renewing the motion - at the next meeting: [The motion to reconsider]... "can be applied to the vote on any motion except: a) a motion which can be renewed...;" (RONR, 11th ed. p. 318, ll.17-18) Link to comment Share on other sites More sharing options...
Josh Martin Posted October 28, 2013 at 01:18 AM Report Share Posted October 28, 2013 at 01:18 AM Question: Is there anything in Robert's Rules to prohibit Boardmember A from bringing back Resolution X for reconsideration, given the board's by-laws? Robert's Rules would prevent it (and would prevent it even if it was not a "new" board), but I don't know whether your organization's bylaws do. RONR only permits the motion to Reconsider to be made at the same meeting or at the meeting on the next business day in a multiple day session. It can't be made at the next regular meeting. In other words, is it a valid objection to say: Look, here now, this is a "new assembly" and any action taken by the previous assembly cannot be reconsidered by this new group of people! RONR doesn't apply this limitation to the motion to Reconsider. Then again, it's not a problem which will generally arise due to the strict time limits on the motion to Reconsider. As noted, there are other ways of accomplishing the same objective. RONR certainly would not prevent the motion from being renewed. This is, of course, ultimately a question of interpreting your organization's bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. Since this appears to be a public body, you might also wish to consult a lawyer to see if applicable law has anything to say on the subject. However, since the original motion was defeated, the proper procedure is simply to make the motion again - what RONR calls renewing the motion - at the next meeting: [The motion to reconsider]... "can be applied to the vote on any motion except: a) a motion which can be renewed...;" (RONR, 11th ed. p. 318, ll.17-18) Given what is said in the organization's bylaws, I'm not sure what is said on pg. 318 applies in this situation. Link to comment Share on other sites More sharing options...
Rev Ed Posted October 28, 2013 at 03:41 PM Report Share Posted October 28, 2013 at 03:41 PM Given that the resolution failed, the resolution can be brought up again at another meeting as if it was never made before. Link to comment Share on other sites More sharing options...
jstackpo Posted October 28, 2013 at 04:08 PM Report Share Posted October 28, 2013 at 04:08 PM Given that the resolution failed, the resolution can be brought up again at another meeting as if it was never made before. Since the OP seems to be describing a municipal board of some sort -- elections and all -- there may be an important distinction between meetings and a session., as in the US Congress. The Board's rules should spell that out. Link to comment Share on other sites More sharing options...
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