Sean Hunt Posted November 19, 2013 at 07:15 AM Report Share Posted November 19, 2013 at 07:15 AM Official Interpretation 2006-12 states that if a motion is made and subsequently postponed indefinitely, a subordinate Board is unable to adopt a similar motion. Why is this? If the effect of the motion to Postpone Indefinitely is to dispose of the question without making a decision on it, then why should this bind the Board? The assembly has specifically chosen not to decide it one way or another, and so it doesn't seem to me that the Board deciding the motion one way or another would be at all in conflict with the decision of the assembly. It had seemed to me before I noticed this paragraph in the OI that one of the uses of Postpone Indefinitely would be to leave the possibility of deciding the question open to a subordinate Board without providing specific instructions one way or another, which would be particularly useful in an assembly which meets infrequently. Suppose, for instance, that Mr. Roberts is upset with a particular decision of the Board and moves to amend a standing rule adopted by the Board. Mr. Evans, however, believes that this is a matter that should be left within the Board's discretion, and doesn't view it justified to bring this directly to the full assembly due to the particular politics of the Orchid Fancier Fancier's Society. Mr. Evans would like to dispose of Mr. Roberts' motion in such a way as to allow the Board the freedom to adopt Mr. Roberts' amendment, if it so chooses. His options, however, appear limited. A motion to Refer, properly taken, is a motion asking the Board to report its opinion back at a future meeting of the assembly and, even if language were added into the motion to the effect that the Board is permitted to decide on the matter independently (notwithstanding the side question of whether that's in order), in any case would be a direction to the Board to consider the matter, which he does not wish to make. He cannot simply defeat the motion, nor use Postpone Indefinitely to dispose of it, because both would prevent the Board from considering it. An amendment would be defend against a point of order, as what Mr. Evans really wants is a motion which has absolutely no effect, which is out of order. How can Mr. Evans accomplish his goal? Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 19, 2013 at 02:03 PM Report Share Posted November 19, 2013 at 02:03 PM Official Interpretation 2006-12 states that if a motion is made and subsequently postponed indefinitely, a subordinate Board is unable to adopt a similar motion. Why is this? If the effect of the motion to Postpone Indefinitely is to dispose of the question without making a decision on it, then why should this bind the Board? The assembly has specifically chosen not to decide it one way or another, and so it doesn't seem to me that the Board deciding the motion one way or another would be at all in conflict with the decision of the assembly. Postpone Indefinitely is a motion proposing that the assembly decline to take a position on the main question, and if it is adopted, the assembly has decided that the society will not take a position on it. As a consequence, under the rule on page 483, lines 6-9, its subordinate board is precluded from doing so. Suppose, for instance, that Mr. Roberts is upset with a particular decision of the Board and moves to amend a standing rule adopted by the Board. Mr. Evans, however, believes that this is a matter that should be left within the Board's discretion, and doesn't view it justified to bring this directly to the full assembly due to the particular politics of the Orchid Fancier Fancier's Society. I'm afraid that I do not understand this set of facts. It appears as if the board has adopted something that, due to "the particular politics of the Orchid Fancier Fancier's Society", Mr. Evans believes is something that should be left within the Board's discretion. How is this? Is what the board adopted something that applies only to the board itself, or is it something that the board has, acting within its authority, adopted as a rule, policy, or whatever, of the society as a whole? If the latter, the society, acting through its board, has already taken a position on it. In other words, I don't know how Mr. Evans can accomplish his goal because I don't understand what it is. Link to comment Share on other sites More sharing options...
Sean Hunt Posted November 20, 2013 at 06:48 AM Author Report Share Posted November 20, 2013 at 06:48 AM Postpone Indefinitely is a motion proposing that the assembly decline to take a position on the main question, and if it is adopted, the assembly has decided that the society will not take a position on it. As a consequence, under the rule on page 483, lines 6-9, its subordinate board is precluded from doing so. Ah. This makes a lot of sense! I'm afraid that I do not understand this set of facts. It appears as if the board has adopted something that, due to "the particular politics of the Orchid Fancier Fancier's Society", Mr. Evans believes is something that should be left within the Board's discretion. How is this? Is what the board adopted something that applies only to the board itself, or is it something that the board has, acting within its authority, adopted as a rule, policy, or whatever, of the society as a whole? If the latter, the society, acting through its board, has already taken a position on it. In other words, I don't know how Mr. Evans can accomplish his goal because I don't understand what it is. Ok, suppose that the Board has adopted a standing rule that the clubhouse shall be open until 10pm on Wednesdays. Mr. Roberts', a night owl, wishes to move that the rule be amended by striking '10pm' and inserting '12pm'. The adoption of this motion would, naturally, preclude further change of the closing time by the Board. But defeating the motion would also represent a decision of the society's assembly, and would preclude the Board from later deciding to open the clubhouse until 12pm. Either way, consideration of the motion will tie the Board's hands on the matter indefinitely, and this is what Mr. Evans would like to avoid. How can he do so? Link to comment Share on other sites More sharing options...
Josh Martin Posted November 20, 2013 at 03:58 PM Report Share Posted November 20, 2013 at 03:58 PM Ok, suppose that the Board has adopted a standing rule that the clubhouse shall be open until 10pm on Wednesdays. Mr. Roberts', a night owl, wishes to move that the rule be amended by striking '10pm' and inserting '12pm'. The adoption of this motion would, naturally, preclude further change of the closing time by the Board. But defeating the motion would also represent a decision of the society's assembly, and would preclude the Board from later deciding to open the clubhouse until 12pm. Either way, consideration of the motion will tie the Board's hands on the matter indefinitely, and this is what Mr. Evans would like to avoid. How can he do so? Perhaps after defeating the motion, Mr. Evans could move "That the board be authorized to change the closing time of the clubhouse in the future." Mr. Evans might wish to state in debate on the first motion that he opposes the first motion because he feels this is an issue which should be decided by the board, and that he will offer a motion to clarify this issue if the pending motion is defeated. It is presumed that if an assembly takes action on a motion, it wishes its subordinate board to abide by that action, but there is no reason the assembly cannot decide otherwise in a particular case. Link to comment Share on other sites More sharing options...
Guest Gary c Tesser Posted November 21, 2013 at 07:38 AM Report Share Posted November 21, 2013 at 07:38 AM ... the Board has adopted a standing rule that the clubhouse shall be open until 10pm on Wednesdays. Mr. Roberts', a night owl, wishes to move that the rule be amended by striking '10pm' and inserting '12pm'. ..If Roberts is a night owl, why does he care if the clubhouse be open until noon, unless this is an idiosyncratic Canadian time of day? Link to comment Share on other sites More sharing options...
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