Guest Slamb Posted March 26, 2016 at 01:47 PM Report Posted March 26, 2016 at 01:47 PM Are motions past in prior years binding on a new board? Motions have only been documented in minutes. I don't know how a new board would know what motions have been past in previous years.
Joshua Katz Posted March 26, 2016 at 01:49 PM Report Posted March 26, 2016 at 01:49 PM If what is established by the motion is still in effect, still relevant (we're not bound by a decision to buy popcorn 5 years ago), hasn't been rescinded or amended, and didn't have a sunset clause built in, then it's still minding. The new board could know what motions have been passed in previous years by reading the minutes. Even better, someone can volunteer to pick through the old minutes and produce such a list for easy reference.
Dan Honemann Posted March 26, 2016 at 01:54 PM Report Posted March 26, 2016 at 01:54 PM 7 minutes ago, Guest Slamb said: Are motions past in prior years binding on a new board? Motions have only been documented in minutes. I don't know how a new board would know what motions have been past in previous years. What makes you think there are any?
Kim Goldsworthy Posted March 26, 2016 at 05:30 PM Report Posted March 26, 2016 at 05:30 PM 3 hours ago, Guest Slamb said: Are motions past in prior years binding on a new board? Motions have only been documented in minutes. I don't know how a new board would know what motions have been past in previous years. You are asking, "Are old adopted motions binding on a newly elected board?" In general, "yes." If not rescinded, any standing rule adopted by an organization stays on the books, and is theoretically enforceable (even if the standing rule is obsolete or meaningless, due to new circumstances.) For an extreme example: If your organization is older than 150 years, then your 1860 board might have adopted a motion akin in wording to this example. -- "That we establish and maintain a rest station to the Pony Express rider." Now, the Pony Express has been out of existence for more than a century. But if the Pony Express ever makes a comeback (wink, wink), then your organization would still be bound to obey its own standing rule.
g40 Posted March 28, 2016 at 01:52 AM Report Posted March 28, 2016 at 01:52 AM On Saturday, March 26, 2016 at 9:47 AM, Guest Slamb said: Are motions past in prior years binding on a new board? Motions have only been documented in minutes. I don't know how a new board would know what motions have been past in previous years. Yes - still binding, as others have posted. Depending on the nature of such motions, they may have become part of the normal operations of the organization. Some organizations have, and keep up to date, a book of motions or book of resolutions. Or, perhaps such motions or resolutions are to approve policies of the organization, and such policies would be followed or tracked. many kinds of motions, by their nature, are no longer relevant because the action has been carried out or is no longer relevant.
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