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Rescind a motion with stipulation


Pat Smetana

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Our school board has an issue that comes up every year that units fury on both sides within the community. 3 Years ago a motion was passed containing a stipulation that this issue can be revisited if, because of the decision, local funds will be in jeopardy.  The provision has not happened.  .  Can the motion be rescinded even though the stipulation as to when allowing it is to be revisited has not happened?

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Nothing in RONR would prohibit a modification or rescission of the previously adopted motion. To do this, the proper motion to make is Rescind / Amend Something Previously Adopted. This motion is a special form of an incidental main motion that requires for adoption a majority vote if previous notice has been given; a two-thirds vote; or a majority of the total number of board members. See RONR (11th ed.), pp. 305ff.

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I get the impression that the purpose of the stipulation was to allow a future meeting to spring an impromptu motion and circumvent any bylaw requirement for previous notice, since the subject is financial and the bylaws may have something to say in this matter. But I could be wrong.

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