Guest MJJCC Posted December 2, 2019 at 02:18 AM Report Share Posted December 2, 2019 at 02:18 AM If a vote was taken in May and passed unanimously, but in October was discovered to be widely misunderstood by the members is there a way for it to be revisited, revoked, restated and re-voted on? Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted December 2, 2019 at 03:11 AM Report Share Posted December 2, 2019 at 03:11 AM The assembly could adopt the motion Rescind Something Previously Adopted by a 2/3 vote, a majority vote with notice, or a majority of the entire membership voting in the affirmative, which would have the effect of killing any unexecuted portion of the motion - i.e. it leaves you as if it never passed. Then at the next session, the motion could be made again, although it sounds as if, now that they understand it, people did not actually want to adopt the motion. Quote Link to comment Share on other sites More sharing options...
Steven Britton Posted December 2, 2019 at 03:19 AM Report Share Posted December 2, 2019 at 03:19 AM 42 minutes ago, Guest MJJCC said: If a vote was taken in May and passed unanimously, but in October was discovered to be widely misunderstood by the members is there a way for it to be revisited, revoked, restated and re-voted on? Generally, depending on the nature of the business transacted, the motion to Rescind or Amend Something Previously Adopted may be applied in many of situations. However, there are exceptions to the general rule. As an example, rescinding or amending bylaws would be subject to the same procedures and notice requirements necessary to adopt a bylaw amendment, and rescinding contracts may be problematic or ill-advised. Quote Link to comment Share on other sites More sharing options...
Bruce Lages Posted December 2, 2019 at 03:28 AM Report Share Posted December 2, 2019 at 03:28 AM Adding to Mr. Katz' answer, your major concern now is what kind of action did this a motion authorize? Whatever action has already been taken can not be 'un-taken'. You can only rescind the portions of the motion - if any- that address action yet to be carried out. It would certainly not be surprising that in the time interval since the motion was adopted, things were done to carry out whatever the motion mandated. Depending on what was done as a result of adopting this motion, it is possible that some of what was done could be reversed by means of separate motions. Mr. Britton's reference to bylaw changes is an example of this, where an ill-advised bylaw amendment can be undone via a new bylaw amendment. Quote Link to comment Share on other sites More sharing options...
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