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Vote of a topic unanimous, now being brought forward again, can they do that?

Guest Kate

By Guest Kate
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Richard Brown

Richard Brown

Posted
Posted

I agree with Hieu, but will elaborate a bit.  

 

It is technically too late to "reconsider" the motion, as the motion to reconsider must normally be made at the same session at which the original  motion was adopted and must be moved by someone who voted on the prevailing side.  So, now that that meeting has ended, you should use the motion to "Reconsider Amend something previously adopted" to change the mileage rate. It can be moved by any member regardless of how he or she voted on the original motion.

 

As Hieu said, if someone gives previous notice of the motion to amend something previously adopted in the notice for the call of the meeting or at the meeting prior to the one where it will be voted on, it can be adopted by a majority vote.  If you want to do it without giving previous notice, it will require a two-thirds vote or a vote of a majority of the entire membership.

 

The motion to "Rescind something previously adopted" that Hieu mentioned has the same rules, but it seems to me that you don't want to rescind the prior motion, you just want to amend it  to change the mileage rate.

 

Edited to make the correction in the first paragraph to change "Reconsider something previously adopted" to "Amend something previously adopted".  My thanks to Dr Stackpole for pointing out that I had probably not yet had my second (or third or fourth) cup of coffee.  He is right!!!  And I didn't get to bed till 4 am!!

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Richard Brown

Richard Brown

Posted
Posted

The "not-hole"?

 

In any case, the motion to reconsider was never mentioned.

The question was:

 

At our last council meeting we voted on a mileage rate for our employee exec dir but she wanted federal rate as did 1 other member.  Now that 1 other member wants to bring it forth again to finance committee.  How does this work--we just voted on it

The poster wanted to know how to go about changing the mileage rate.  Hieu and I both suggested how she go about it.  Since so many people use the term "reconsider" indiscriminately and loosely and improperly, without realizing the limitations of the motion to reconsider, I  decided to point that out to her so she and her group don't start saying "We are going  to reconsider the mileage rate at our next meeting".

 

I betcha they would have.....and probably still will, despite my pointing out that they can't "reconsider" it.  But, at least I hopefully educated her and others who read this thread as to why the motion to amend something previously adopted, rather than a motion to reconsider, is the proper motion.

 

If you have a problem with that, well, tough.   I hope you have a great day, anyway!  The weather in New Orleans is beautiful.  I hope yours is, too!  :)  

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Richard Brown

Richard Brown

Posted
Posted

I suspect that R. Brown had not had his second cup of coffee (or third or fourth, and a beignet or two) when he wrote "Reconsider something previously adopted".

 

We can be sure he meant "Rescind/Amend..."  as seen on p. 305 (but not at the Cafe de Monde).

LOL!!!  Thanks for catching that, John!!!!   You are right:  I'm just finishing my first cup of coffee.... and I didn't get to bed till after 4 am!!  I think I need to start proofreading a bit more carefully!   I just corrected it. 

 

Edited to add:  Well, I thought I had corrected it.   It took about three attempts, but I think I finally have it corrected.  I really need that second cup of coffee....and a beignet or a piece of king cake!

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Richard Brown

Richard Brown

Posted
Posted

In post #1 we are told that at the last council meeting they voted on a mileage rate but now a member wants to bring it forth again to the finance committee.

 

Any thoughts about this? :)

Yeah, I noticed that, too, but as Dr. Stackpole pointed out, I haven't had my second cup of coffee yet and decided not to comment on that particular point.  I was sorta hoping someone else would do it.  :)

 

Edited to add:  But now that I've sort of been forced to think about it, if that is really what the group wants to do, it seems that a motion at the next meeting to have the finance committee study whether the mileage rate should be increased might be in order.

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Gary Novosielski

Gary Novosielski

Posted
Posted

At our last council meeting we voted on a mileage rate for our employee exec dir but she wanted federal rate as did 1 other member.  Now that 1 other member wants to bring it forth again to finance committee.  How does this work--we just voted on it

 

We'd need to know the result of that vote.  If it passed, it would take a 2/3 vote (or majority with previous notice) to rescind it.  If it failed, it can be renewed (made again) at the next meeting. 

 

It would also depend to some extent on the wording of the motion.  If there is a set rate for mileage in your rules, and the assembly has the right to change that rate from time to time, then a majority vote would probably be enough to do that.  And I'd say that changing it every meeting might qualify as "from time to time".

 

Presuming the finance committee agrees that it should be changed so soon (would they?) they can pass on a recommendation to do so.  But if only one member wants this change, isn't it likely that the outcome would remain the same?

 

One rule of thumb is: if you have the votes, don't bother to use parliamentary tricks to prevent a vote--just vote.  It's easier and quicker.

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