Renew a motion

[Guest Kim Bannerman]

If a commission approves a lease agreement at one meeting, can it renew the motion to approve the lease at the following meeting to allow for more discussion on the topic.  The outcome may be a change in the vote, thus overruling the earlier approval.  I understand that the Commission cannot reconsider the motion because the motion to reconsider was not made in the same session.  Also, it cannot make a motion to rescind at the next meeting because the co-lessor and lesee to the agreement have already been made aware that the contract was approved by the Commission.  There is nothing in the Commission's procedural guidelines regarding reconsideration of items and the Commission defaults to Robert's Rules for items not in the guidelines.

[Hieu H. Huynh]

14 minutes ago, Guest Kim Bannerman said:

If a commission approves a lease agreement at one meeting, can it renew the motion to approve the lease at the following meeting to allow for more discussion on the topic.

No, this motion cannot be renewed.

[Guest Kim Banerman]

Thank you for your response.  Can you elaborate on your reasoning?

[Hieu H. Huynh]

17 minutes ago, Guest Kim Bannerman said:

Also, it cannot make a motion to rescind at the next meeting because the co-lessor and lesee to the agreement have already been made aware that the contract was approved by the Commission. 

I think this is more of a legal matter.

[Josh Martin]

2 minutes ago, Guest Kim Banerman said:

Thank you for your response.  Can you elaborate on your reasoning?

A motion which has been adopted cannot be renewed. Only a motion which was defeated may be renewed.

[Greg Goodwiller, PRP]

"Renewal" of motions is for motions that are lost, rather than motions that are adopted. Robert's Rules states, "If a motion is made and disposed of without being adopted, and is later allowed to come before the assembly after being made again by any member in essentially the same connection, the motion is said to be renewed" (RONR pg. 336, ll. 3-6).

So the only option is the motion to rescind or amend something previously adopted. The rule you seem to be quoting regarding the inability to rescind the motion because the parties have been made aware that the contract has been approved does not apply in this case. That provision (or something akin to it) applies in the case of actions related to membership in an organization or election to offices, but not other actions.

The one (of three) reasons that actions cannot be rescinded or amended that seems to me to apply is #2, which says, "when something has been done, as a result of the vote on the main motion, that is impossible to undo" (RONR pg. 308, ll. 20-21. If the contract has been signed, for instance, it may be impossible to "unsign it," and the desire to cancel the contract would need to be a different action - with different consequences.

 

[Hieu H. Huynh]

1 minute ago, Guest Kim Banerman said:

Thank you for your response.  Can you elaborate on your reasoning?

Adopted motions cannot be renewed.

[J. J.]

16 minutes ago, Guest Kim Bannerman said:

  Also, it cannot make a motion to rescind at the next meeting because the co-lessor and lesee to the agreement have already been made aware that the contract was approved by the Commission. 

There is no prohibition in RONR relating to rescinding a contract (p. 208).  It may not be advisable to do so, and I would advise you to that you should contact an attorney licensed to practice in your state.  It would not violate any rule in RONR for a assembly to rescind a contract.

 

[Guest Kim Bannerman]

Robert's Rule, Article VI, Section 37 (I have the online version) states:

The motion to rescind can be applied to votes on all main motions, including questions of privilege and orders of the day that have been acted upon, and to votes on an appeal, with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo; or where it is in the nature of a contract and the other party is informed of the fact; or, where a resignation has been acted upon, or one has been elected to, or expelled from, membership or office, and was present or has been officially notified.

I thought this prohibited the Commission from voting to rescind the lease agreement.  Am I wrong?

[Hieu H. Huynh]

The quoted material comes from an older edition of Robert's Rules (the 4th edition published in 1915). I suggest getting a copy of the current edition.

[Greg Goodwiller, PRP]

The "online version" is not the current edition of Robert's Rules. So assuming your organization's bylaws say the its parliamentary authority is "the most recent edition of Robert's Rules of Order Newly Revised," or something approaching that, what we're saying is correct.

  

[Guest Kim Banerman]

Argh!!!  Thank you.