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Clarification on Motion to Ratify


keefe

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I am looking for clarification on Motion to Ratify.  On page 124 it states the following:

 

Cases where the procedure of ratification is applicable include:

-action taken at a special meeting with regard to business not not mentioned in the call of the meeting.

 

It is my understanding that no business can take place at a special meeting that is not included in the call of the meeting.  (The only business that can be transacted at a special meeting is that which has been specified in the call of the meeting.  Pg. 93)  Further down on 93 it then states that "If, at a special meeting, action is taken relating to business not mentioned in the call, that action, to become valid, must be ratified, by the organization at a regular meeting (or at another special meeting properly called for that purpose.)

 

So business not mentioned in the call take be taken but not moved on?  Would that business then be postponed to a certain time (ie. next meeting)?

 

I am sure this is much simpler than my brain is allowing it to be.  I look forward to hearing from anyone who has information on this.

 

Thank you.

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The society is not bound by the action taken at a special meeting that was not specified in the call of the meeting. It may ratify such action at the next meeting. Or rule it null and void. If the action was carried out and the society does not want it to be done, it could discipline those responsible for the action. So those who take such action do so at their own risk.

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I am looking for clarification on Motion to Ratify. On page 124 it states the following:

Cases where the procedure of ratification is applicable include:

-action taken at a special meeting with regard to business not not mentioned in the call of the meeting.

It is my understanding that no business can take place at a special meeting that is not included in the call of the meeting. (The only business that can be transacted at a special meeting is that which has been specified in the call of the meeting. Pg. 93) Further down on 93 it then states that "If, at a special meeting, action is taken relating to business not mentioned in the call, that action, to become valid, must be ratified, by the organization at a regular meeting (or at another special meeting properly called for that purpose.)

So business not mentioned in the call take be taken but not moved on? Would that business then be postponed to a certain time (ie. next meeting)?

I am sure this is much simpler than my brain is allowing it to be. I look forward to hearing from anyone who has information on this.

Thank you.

Business not included in the call of a special meeting cannot be considered at all. If the assembly improperly proceeds to do so anyway (perhaps because of the extreme urgency of the situation), the motion is null and void unless ratified at a regular meeting or a special meeting called for the purpose.

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I seem to recall some here arguing that it's not null and void until it's officially declared to be null and void.

 

Not that I'm one of them.

Could be, but page 347 of RONR seems pretty clear on the point:

 

"PROCEEDINGS IN THE ABSENCE OF A QUORUM. In the absence of a quorum, any business transacted (except for the procedural actions noted in the next paragraph) is null and void."

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And, presumably, the chair could rule the point of order not well taken and the assembly could sustain that ruling. 

 

It could, but one would sincerely hope the assembly would not do this. Such a ruling would be clearly wrong and set an extremely dangerous precedent. It would be far more sensible for the assembly to acknowledge that the business is null and void, and Ratify it if it wishes to do so.

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Such a ruling would be clearly wrong and set an extremely dangerous precedent. 

 

Well, in a black-and-white world, such a ruling might, indeed, be clearly wrong.

 

But what if, in Mr. Brown's scenario, it wasn't clear whether a quorum was or wasn't present? Isn't the presumption that the action was legitimate until it's ruled (and sustained) that it wasn't?

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The state, or status, of an improperly adopted motion which is in "need" of ratification or in "need" of having a point of order raised about it in order to decide whether the motion was OK after all, or not, is rather like the quantum state of Schroedinger's Cat

 

You really don't know if the motion is OK (and the maker is off the hook for costs), or not, until (to jump back to S's Cat) you open the box and look at (or "measure") the cat:  dead or alive?   The "measurement" of the potentially improper motion is accomplished by the combined activity of raising a point of order, getting a ruling, appealing it, and voting on sustaining the appeal, or by ratifying the motion at a later date.  Once that measurement is done, you know where you are.

 

But it isn't really correct to say that, as in post #6, inquorate business is "null and void".  It may be, it may not be; it is in a state of parliamentary indeterminancy up until the point that you look at it.  It may stay there for a long long time....

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But it isn't really correct to say that, as in post #6, inquorate business is "null and void".  It may be, it may not be; it is in a state of parliamentary indeterminancy up until the point that you look at it.  It may stay there for a long long time....

Well, the quote in post # 6 is a copy and paste taken directly from the CD-ROM version of RONR 11th edition, and it appears to be identical to my printed edition, so perhaps your argument should be taken up with the authorship team.

 

I suspect the quote is based on the stated assumption that the action was, indeed, taken at an inquorate meeting and that that fact is not in dispute.

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But it isn't really correct to say that, as in post #6, inquorate business is "null and void".  It may be, it may not be; it is in a state of parliamentary indeterminancy up until the point that you look at it.  It may stay there for a long long time....

 

So it isn't "really correct" to say that business transacted in the absence of a quorum is null and void, not because business transacted in the absence of a quorum is not always null and void but because there may not have been an absence of a quorum. Brilliant thinking!  :rolleyes:

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So it isn't "really correct" to say that business transacted in the absence of a quorum is null and void, not because business transacted in the absence of a quorum is not always null and void but because there may not have been an absence of a quorum. Brilliant thinking!  :rolleyes:

Sure. Just as murder isn't always illegal because sometimes people don't commit murder. :rolleyes:

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