Rescission and amendment

[Guest]

6 hours ago, Hieu H. Huynh said:

Here is the summary of the change on page xxi in the 10th edition of RONR:

"References to federal, state, and local laws are restricted, wherever appropriate, to procedural rules prescribed by such laws, in recognition of the fact that rules of parliamentary procedure are concerned with the process by which a deliberative assembly arrives at a decision, and not with the wisdom, or even legality, of the decision itself. For similar reasons, the rule prohibiting rescission of a motion which is in the nature of a contract has been eliminated."

Brilliant!  Thank you.

[Dan Honemann]

6 hours ago, Gary Novosielski said:

But there is a current rule that effectively says that any motion, once it is executed, cannot be rescinded.

Yes, the rule on page 308, lines 20-23, tells us that if a motion in the nature of a contract has been adopted, it is not in order to move to rescind the contract thus created once it has been fully executed.

Makes all kinds of sense to me. 

 

[Sean Hunt]

I think it needs to be a case-by-case basis. For instance, a motion "to hire a contractor to repaint the roof" could not be rescinded once the contractor was hired, even though the roof is not painted. One would need a separate motion "to fire the painter" or "to not pay the painter".

[Dan Honemann]

13 hours ago, Sean Hunt said:

I think it needs to be a case-by-case basis. For instance, a motion "to hire a contractor to repaint the roof" could not be rescinded once the contractor was hired, even though the roof is not painted. One would need a separate motion "to fire the painter" or "to not pay the painter".

Well now we are moving even further afield since adoption of a motion "to hire a contractor to repaint the roof" will not constitute a vote in the nature of a contract (as referred to on p. 319, l. 1), nor would it have constituted a case in the nature of a contract as previously referred to on page 302 of the 1990 edition, but I certainly will not dispute the fact that the question as to whether or not a motion which has been adopted has been fully executed must be decided on a case-by-case basis.