what is legal when voting on a motion?

[Guest Curt]

At our council meeting in April, the Council voted to hire a secretary.  In May, we discussed the position and then created an ad hoc committee to set the standards for hiring a secretary(hrs, pay, responsibilities, etc) and to come back to the Council with the criteria for such a position. At the June Council meeting the ad hoc committee came back to the Council with a recommendation to combine the position and responsibilities with an intern position. The Council voted to accept the motion.  My question is, was that vote legal assuming the ad hoc committee did not follow the charge of the original Council request?  Can a board or Council change the structure of the original vote on hiring a secretary?

[Josh Martin]

At our council meeting in April, the Council voted to hire a secretary. In May, we discussed the position and then created an ad hoc committee to set the standards for hiring a secretary(hrs, pay, responsibilities, etc) and to come back to the Council with the criteria for such a position. At the June Council meeting the ad hoc committee came back to the Council with a recommendation to combine the position and responsibilities with an intern position. The Council voted to accept the motion. My question is, was that vote legal assuming the ad hoc committee did not follow the charge of the original Council request? Can a board or Council change the structure of the original vote on hiring a secretary?

First of all, I think it's a bit of a judgment call whether the motion to combine the position and responsibilities with an intern position conflicts with the council's original motion. If it doesn't, then the questions are moot. I'll assume for the sake of argument that it does.

It was not proper for the committee to recommend a motion which conflicted with its original charge, but at this point, that issue is immaterial.

The council does have the authority to change its original motion, but to do so requires a motion to Amend Something Previously Adopted. It seems the council did not do so. Therefore, the new motion is null and void unless it can be shown that it was adopted by the vote required for Amend Something Previously Adopted - a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice.