Rescind an Amendment

[Guest Trudie Southwick]

We have an Amendment to our By-Laws that Amended a clause that doesn't have anything to do with the language.  The original language was removed from the By Law and the new Amended language was inserted.

We want to put the original language back in.  Can we put forth a vote to the members to Rescind the Amendment that refers to that part:

Here is the info:

AMENDMENT TO AMTOP BY-LAWS

ARTICLE III. Members and meetings of members

SECTION: 3.01 CLASSES OF MEMBERS  (c). No firm, partnership or corporation shall be eligible for Regular Membership if fifty percent or more of its control is owned by one or more existing Regular member(s) of the Association.

ADOPTION:

The new By-Law reads:  (c). A Corporate Member is eligible to hold a position on the Board of directors and have a single vote. No more than two elected Corporate Members can serve on the Board of Directors or on the Executive Board at one time.

 

Our By-Laws language now has the new wording in place of what the Amendment shows.  We want to put that language back as our original language and do not want it Amended.

It seems like doing an Amendment would only confuse the issue and if we can Rescind it do we take it out of our Amendment section or mark it as Rescinded?

 

[Bruce Lages]

Once this amendment was adopted by the membership, the only way to change it back to the pre-amended language is by another bylaw amendment, following whatever procedure your bylaws specify for their amendment. Bylaw amendments, once adopted, can not be rescinded by a simple motion to rescind.

[Chris Harrison]

Agreeing with Mr. Lages I would also point out that RONR p. 305 says:

Quote

The effect of Rescind is to strike out an entire main motion, resolution, order, or rule, that has been adopted at some previous time.

If you were to Rescind the amendment what would happen is that language would be removed but it would not revert to the previous language meaning you would have neither.