Guest SJP Posted April 2, 2020 at 05:18 PM Report Share Posted April 2, 2020 at 05:18 PM Hi, At the February monthly Board of Directors Meeting for a small non-profit organization, the President of Board abstained from voting on a motion brought forth. There was a quorum at the meeting. The motion was passed with 7 in favor and 1 abstain. The President is now indicating she will throw out her neutrality and put forth a motion to rescind which would completely nullify the vote. I'd like some information regarding the rules around throwing out neutrality and related types of action. Any and all will be much appreciated! My online research has proved unsuccessful thus far. Thank you! Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted April 2, 2020 at 05:26 PM Report Share Posted April 2, 2020 at 05:26 PM Neutrality is not required in a small assembly such as yours. The President may participate fully. See RONR (11th ed.), pp. 487-488. If it's been a custom for the president to remain neutral that's fine, but it's not a requirement. Any member may move to rescind an adopted main motion. Making such a motion in no way nullifies the adopted main motion in question. If the motion to rescind is adopted, then the original motion is rescinded. Given the fact everyone who voted was in favor of it, it doesn't seem likely the motion to rescind will pass, unless there may be a change in circumstances surrounding it or the President is really persuasive during debate. See RONR (11th ed.), p. 305ff Quote Link to comment Share on other sites More sharing options...
Guest SJP Posted April 2, 2020 at 06:07 PM Report Share Posted April 2, 2020 at 06:07 PM Thank you for your quick response and references! The President of the Board I'm speaking of has historically not remained neutral. Meaning, he or she has always participated in voting. The vote I referred to involved agreeing on the demolition/removal of an old barn on the property. Once the vote passed the construction company begin the preliminary work. Due to the state restrictions surrounding COVID-19, the Board may not meet until late May or perhaps longer. Since the adopted motion involves a contractor, this type can sill be rescinded at any time? To make sure I am understanding, at the next meeting any member can move to rescind the adopted motion. Thank you for your patience - I just want to ensure I am grasping this correctly and following parliamentary procedure. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted April 2, 2020 at 06:17 PM Report Share Posted April 2, 2020 at 06:17 PM (edited) Yes, there are no restrictions on who may make the motion. There are no restrictions in RONR on rescinding an adopted main motion involving a contract, but there may be consequences in doing so which we cannot opine about here, because we don't do legal here. RONR notes that there are certain things which cannot be rescinded. In your case this seems applicable: "When something has been done, as a result of the vote on the main motion, that is impossible to undo. (The unexecuted part of an order, however, can be rescinded or amended.) " RONR (11th ed.), p. 308 b ) emphasis added by me. From your facts it seems there are unexecuted parts which can be rescinded. Edited April 2, 2020 at 06:20 PM by George Mervosh Quote Link to comment Share on other sites More sharing options...
Guest SJP Posted April 2, 2020 at 07:24 PM Report Share Posted April 2, 2020 at 07:24 PM George Mervosh, Thank you very much! Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 2, 2020 at 10:30 PM Report Share Posted April 2, 2020 at 10:30 PM (edited) 4 hours ago, Guest SJP said: Thank you for your quick response and references! The President of the Board I'm speaking of has historically not remained neutral. Meaning, he or she has always participated in voting. The vote I referred to involved agreeing on the demolition/removal of an old barn on the property. Once the vote passed the construction company begin the preliminary work. Due to the state restrictions surrounding COVID-19, the Board may not meet until late May or perhaps longer. Since the adopted motion involves a contractor, this type can sill be rescinded at any time? To make sure I am understanding, at the next meeting any member can move to rescind the adopted motion. Thank you for your patience - I just want to ensure I am grasping this correctly and following parliamentary procedure. I concur with Mr. Mervosh, and I would also note that a motion is not put "on hold" simply because a member has stated that they intend to move to rescind the motion. The motion adopted by the board remains in effect, and can continue to be carried out, unless and until the board votes to rescind it. So given that the board may not meet for some time, it may well be that even more of the motion is already executed by the time such a motion is made. Edited April 2, 2020 at 10:30 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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