Proper Motion

[Guest Gary]

I am a member of a nonprofit Rual Electric Cooperative in Missouri. Members are considered owners of the coop. and have one vote. In 2016 our Board of Directors increased the fees on what is called "service availability charge" to what the majority of the members consider to be EXECESSIVE. We know we have the right, the power to change the fees to what the majority of the members think is fair. But, the question is: What is the proper parliamentary procedure to change the current charge to the fair lower charge.

Is it a:  Main Motion .........A motion to rescind.........A motion to Amend Something Previously Adoped.......

Thanks for any help,

 

[Josh Martin]

15 minutes ago, Guest Gary said:

I am a member of a nonprofit Rual Electric Cooperative in Missouri. Members are considered owners of the coop. and have one vote. In 2016 our Board of Directors increased the fees on what is called "service availability charge" to what the majority of the members consider to be EXECESSIVE. We know we have the right, the power to change the fees to what the majority of the members think is fair. But, the question is: What is the proper parliamentary procedure to change the current charge to the fair lower charge.

Is it a:  Main Motion .........A motion to rescind.........A motion to Amend Something Previously Adoped.......

It would be a motion to amend something previously adopted.

[Guest Gary]

Josh, thanks for your answer. I was hopeing you would have said i could use a motion to rescind because since we did not get to see the wording of the motion, i will have problems on how to write the amendments. Can i use to rescind??

Tks,

[jstackpo]

Before you go to a lot of work, you might want to check to see if the Board has the authority to set (or amend) rates in the first place  - that question may be governed by your state (utility-?) laws.  Whether the coop membership can override the board in rate-setting  might also be in the law(s).

[Josh Martin]

3 minutes ago, Guest Gary said:

Josh, thanks for your answer. I was hopeing you would have said i could use a motion to rescind because since we did not get to see the wording of the motion, i will have problems on how to write the amendments. Can i use to rescind??

I do not think a motion to rescind would be appropriate in this instance. As I understand the facts, there is, and has been for some time, a service availability charge. This is a policy with continuing effect. The board adopted a motion to change the service availability charge. That motion is, itself, a motion to Amend Something Previously Adopted. The proper procedure is not to rescind or amend the board’s  motion to change the service availability charge, but to amend the service availability charge itself. Rescinding the service availability charge would have the effect that there is no such charge, which does not appear to be your goal.

Based on all this, it is not necessary to know what the exact wording was of the motion the board adopted to change the service availability charge. Instead, you should make a motion to change the service availability charge from its current amount to whatever amount you feel is appropriate (presumably, either the previous amount or some amount in between the previous amount and the current amount). Such a motion is in the nature of a motion to Amend Something Previously Adopted. It should be noted that (unless your rules or applicable law provide otherwise), such a motion requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice for adoption.

I also concur with Dr. Stackpole that it would be prudent to check applicable law to determine whether it is in fact correct that the board has the authority to set this charge, and that the membership has the authority to countermand the board’s decision in this matter. The above response assumes this to be correct.