bigred73 Posted March 15, 2020 at 09:21 PM Report Share Posted March 15, 2020 at 09:21 PM If a motion is voted on and approved unanimously and at a later date (two months after the original vote) it is discovered that the vote was based on misinformation, inadvertent or otherwise, from the presiding officer, can the vote be rescinded if a majority of those voting, but not all, would have voted against the motion if given accurate information. If so, what are the legal ramifications (i.e. a lawsuit) of doing so? This was a vote related to a personnel matter. (I realize this is vague but I would rather not give additional information.) Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 15, 2020 at 09:37 PM Report Share Posted March 15, 2020 at 09:37 PM (edited) No the vote can't be rescinded, but the motion itself can be rescinded (using the motion to Rescind or Amend Something Previously Adopted) as long as it has not already been carried out. For example, if the personnel matter involved firing someone, and they were in fact fired, that motion is completed and can't be rescinded. That would not prevent you from rehiring the person, but not by the use of such a motion. The motion to Rescind requires either: a 2/3 vote; or, a majority vote if previous notice has been given; or, a vote of a majority of the entire membership; any one of which will suffice. Edited March 15, 2020 at 09:38 PM by Gary Novosielski Quote Link to comment Share on other sites More sharing options...
bigred73 Posted March 15, 2020 at 09:52 PM Author Report Share Posted March 15, 2020 at 09:52 PM Thanks for the response. If the action has already been carried out but all parties, including the employee, agree to rescind can we move forward with it? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted March 15, 2020 at 10:47 PM Report Share Posted March 15, 2020 at 10:47 PM As a matter of parliamentary procedure, if an action has already been carried out, the motion cannot be rescinded. As Mr. Novosielski has stated, this doesn't prevent you from reversing the action, just not by rescinding the motion. As a practical and legal matter, you should discuss with a lawyer. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 15, 2020 at 11:05 PM Report Share Posted March 15, 2020 at 11:05 PM 1 hour ago, bigred73 said: Thanks for the response. If the action has already been carried out but all parties, including the employee, agree to rescind can we move forward with it? No. Once something has happened, it can't be removed from reality. But you can take other non-parliamentary actions to reverse the effect of the original motion. Quote Link to comment Share on other sites More sharing options...
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