Reconsider vs. Rescension

[Guest Allen G.]

Several questions regarding the proper motions to consider a controversial issue.

1) What is the proper motion to reconsider a motion for a rule passed 5 years ago? Reconsider vs. Rescind.

2) If the rule was overturned, is there a statue of limitations by which it can be brought up again. In this situation, reversing the rule allows for members to make different business decisions.

3) Now, two meetings and three months later, the committee has both voted to "Reconsider" (this was handled inappropriately, as it was motioned by a member of the losing side of the previous vote); and Rescind (handled correctly with 2/3 majority vote) the motion in 2). Thus returning the original rule of 5 years ago. However, doing so will cause economic damage to members who made long term decisions based upon the ruling of 3 months ago.

Thank you for any and all input.

[Rob Elsman]

As to the only question asked, the proper motion to do away with a rule adopted five years ago is Rescind.

I am not sure whether 2) is intended as a question or an assertion. RONR does not speak of a "statute of limitations", and I'm not certain what is intended.

As far as I can tell, 3) is an assertion that does not have anything to do with RONR. As a fact, the rule seems to be gone. Okay.

[Atul Kapur]

As I understand it, you've had a Rule for 5 years.
A few months ago, that Rule was repealed (even though you did not use the correct term or motion - it should have been to Rescind rather than Reconsider).
Now, that Rule has been restored.

As reelsman stated, the motion you should have used a few months ago was Rescind.

A Rule that has been rescinded can be renewed at anytime after the conclusion of the session where the Rescind motion was adopted.

[Guest Zev]

Just now, Atul Kapur said:

A Rule that has been rescinded can be renewed at anytime after the conclusion of the session where the Rescind motion was adopted.

Can the gentleman be ever so kind as to supply a reference? I'm having some difficulty finding one whereby the session must first conclude before the motion can be renewed.

[Shmuel Gerber]

1 hour ago, Guest Zev said:

Can the gentleman be ever so kind as to supply a reference? I'm having some difficulty finding one whereby the session must first conclude before the motion can be renewed.

What about this, from page 336:

"Renewal of motions is limited by the basic principle that an assembly cannot be asked to decide the same, or substantially the same, question twice during one session—except through a motion to reconsider a vote (37) or a motion to rescind an action (35), or in connection with amending something already adopted (see also pp. 74–75)."

[Guest Zev]

For some odd and strange reason I had momentary lapse of reason and imagined that adopting a motion and rescinding the same motion were somehow not connected. They are two different motions, of course, but the keyword "decide" made me see things in a different light. I have improved my understanding, for which I thank you. Oh, and of course, Dr. Kapur deserves some credit also.