Motion to Reconsider & Expiration of Prevailing Member Term of Office

[Guest Guest]

Where board bylaws allow for an extended period (e.g. 3 days after the preceding session) in which to bring a motion to reconsider, if a member of the prevailing side wishes to bring a motion to reconsider but his/her membership term will expire before the next regular session, does the motion to reconsider expire with the end of the member's term?

[Rob Elsman]

No, the Motion to Reconsider may be called up by any member at the next regular meeting. The suspensive effect of the motion is still in force. RONR (11th ed.), p. 321.

[Bruce Lages]

RONR is clear that "Although any member can call up the motion to reconsider as just described, usually no one but the mover of the reconsideration calls it up on the day the motion is made..." (p.323, l.22-25). The words "as just described" in this quote refer to calling up the motion while its suspending effect on the main motion being reconsidered is still active, at any regular meeting or special meeting called for that purpose. Based on this quote I would conclude that the motion to reconsider does not expire with the end of a member's term, and could be called up by any other member if the original mover is no longer present. Even the caveat about calling up the motion on the day it was made does not seem to unequivocally limit the calling up of the motion to the original mover.

Edited October 24, 2019 at 08:32 PM by Bruce Lages

[Rob Elsman]

I might, just for the record, qualify the answers of Mr Lages and myself to those cases where the next meeting is held within the quarterly time interval (which we both assume). If this is not the case, the suspensive effect of the motion ends, and the motion to Reconsider falls to the ground.

[George Mervosh]

Wait.  Has the motion to reconsider been made yet?  I'm not clear about that.

[Rob Elsman]

I think the original post makes it clear that it has. Certainly, my response was predicated on that interpretation.

[Bruce Lages]

I read the original post as a (possibly hypothetical) situation where a member whose term is expiring within the next 3 days would like to move reconsideration, but wants some assurance beforehand that it can be brought up when he's no longer on the board

[Rob Elsman]

Either way, I think both you and I have answered the question correctly, assuming the next meeting is held within the quarterly time interval.

In particular, the rule in RONR (11th ed.), p. 237, item c) does not apply to cause the motion to Reconsider (or the main motion proposed to be reconsidered) to fall to the ground.

Edited October 24, 2019 at 09:00 PM by Rob Elsman