Guest Posted March 22, 2016 at 06:30 AM Report Share Posted March 22, 2016 at 06:30 AM 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. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 22, 2016 at 10:34 AM Report Share Posted March 22, 2016 at 10:34 AM 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Novosielski said: But there is a current rule that effectively says that any motion, once it is executed, cannot be rescinded.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. Link to comment Share on other sites More sharing options...
Sean Hunt Posted March 22, 2016 at 09:09 PM Report Share Posted March 22, 2016 at 09:09 PM 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 For instance, a motion "to hire a contractor to repaint the roof" could not be rescinded once the contractor was hired, even though the roof is not painted.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". Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 23, 2016 at 10:46 AM Report Share Posted March 23, 2016 at 10:46 AM 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 For instance, a motion "to hire a contractor to repaint the roof" could not be rescinded once the contractor was hired, even though the roof is not painted.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. Link to comment Share on other sites More sharing options...
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