How to respond when the president incorrectly calls a motion as carried?

[Guest Casey Kelly]

I understand rescinding an action when no previous notice is given requires an affirmative 2/3rds vote?   Can you please describe the notice requirements for a public school board– (i.e. is written notice required, must notice be provided by a set # of days in advance, must this particular action be specified in the public advertisement of a regular or special meeting, etc.)?  

 

Also, if the above motion is made at a meeting (without notice) which results in a majority of affirmative votes, but not 2/3rds, and the president incorrectly calls the vote “as carried” because he/she is unaware of the voting requirements, what procedures must take place to ensure the motion is not carried?  

For instance, must the vote be “called into question” or “the results of the vote be called into question” immediately?  Can this be done at a subsequent meeting, and if so, what is the proper procedure?

If the required actions were not taken in the proper time, will the motion remain as passed?

 

Thank You!

[George Mervosh]

I understand rescinding an action when no previous notice is given requires an affirmative 2/3rds vote?   Can you please describe the notice requirements for a public school board– (i.e. is written notice required, must notice be provided by a set # of days in advance, must this particular action be specified in the public advertisement of a regular or special meeting, etc.)?  

 

 

A majority of the entire Board could adopt it as well if no previous notice was given (RONR 11th ed, pp. 306-307.)  As to the requirements for a public school board for giving notice, specifically, you will need to either ask the board's solicitor or another attorney. 

 

 

 

Also, if the above motion is made at a meeting (without notice) which results in a majority of affirmative votes, but not 2/3rds, and the president incorrectly calls the vote “as carried” because he/she is unaware of the voting requirements, what procedures must take place to ensure the motion is not carried?  

For instance, must the vote be “called into question” or “the results of the vote be called into question” immediately?  Can this be done at a subsequent meeting, and if so, what is the proper procedure?

 

If the required actions were not taken in the proper time, will the motion remain as passed?

 

Thank You!

 

A point of order needs raised immediately.  If not, see this http://www.robertsrules.com/interp_list.html#2006_18

[Gary Novosielski]

Also, if the above motion is made at a meeting (without notice) which results in a majority of affirmative votes, but not 2/3rds, and the president incorrectly calls the vote “as carried” because he/she is unaware of the voting requirements, what procedures must take place to ensure the motion is not carried?

If the entire board is present and voting, then he would be correct.  A majority of the entire board would be enough to carry a motion to Rescind, and the president would not be incorrect in declaring the motion adopted.  As long as the number of Yes votes is more than half the entire membership of the board, the 2/3 requirement is not applicable.