Rescind motion

[Guest Gerri]

The official board of a church votes to merge with another church.  This  motion is brought to the church membership in a called meeting.  The vote of the church passes by 80% needing a 2/3 majority of those present at the meeting to pass

 

Can this vote be rescinded at the next meeting?  What would be the procedure to handle this appropriately.  

[jstackpo]

I suppose, IF the other church has not (yet) agreed to the merger, your church motion could be rescinded.

 

If your merge motion was actually an amendment to your bylaws, you might have to amend them back again to undo the damage.   Whether this could be done "next meeting" depends on your bylaws rules for amendment.

 

But give p. 561 ff. a close reading for details.

[Gary Novosielski]

The official board of a church votes to merge with another church.  This  motion is brought to the church membership in a called meeting.  The vote of the church passes by 80% needing a 2/3 majority of those present at the meeting to pass

 

Can this vote be rescinded at the next meeting?  What would be the procedure to handle this appropriately.

Organizations merge by amending (merging) the bylaws of both to reflect the new single organization. Bylaws changes, once they go into effect, cannot be rescinded. It would require a new amendment.

So the question is, when did or do the changes go into effect? If they went into effect immediately, as is commonly the case, then your churches are already merged, and it would take an amendment to the bylaws of the new combined church to re-spin-off your branch.

[Shmuel Gerber]

Organizations merge by amending (merging) the bylaws of both to reflect the new single organization. Bylaws changes, once they go into effect, cannot be rescinded. It would require a new amendment.

So the question is, when did or do the changes go into effect? If they went into effect immediately, as is commonly the case, then your churches are already merged, and it would take an amendment to the bylaws of the new combined church to re-spin-off your branch.

 

That's not what RONR says (see pp. 561ff., as recommended by Dr. Stackpole):

"In the case of a merger, one of the two organizations continues, while the other loses its independent identity and ceases to exist, since it is merged—that is, absorbed—into the former."

Furthermore, a merger is accomplished not by the amendment of bylaws, but by the adoption of resolutions in each organization, respectively, declaring/offering and accepting the merger.