Motion to rescind or amend something previously adopted

[Denise H.]

A recommendation was made by a committee and was presented to the body for a vote.  The body voted in favor of the recommendation by way of a motion from the committee.  A second motion was made by a member (didn't come from the committee) to add some additional requirements regarding the action approved for the first motion. That motion also passed.  Now members are considering either 1. rescinding the first action all together or 2. just amending the second motion that added additional restrictions/requirements to make it less restrictive or 3. moving forward with the two motions previously adopted by the body. My questions: 1.  can the committee make a motion to rescind or the motion to amend something previously adopted or does it need to come from someone in the body? 2. If the committee does not agree with rescinding or amending, do they have to take a position? 3. just confirming that the vote for rescinding or amending is 2/3 unless there is previous notice or a majority vote of the entire membership is needed to change the 2/3 to a majority vote?  Thanks in advance.  

[Hieu H. Huynh]

It is out of the committee's hands unless the body puts it back into the committee.

[Josh Martin]

14 hours ago, Denise H. said:

1.  can the committee make a motion to rescind or the motion to amend something previously adopted or does it need to come from someone in the body?

The committee may recommend that the assembly rescind or amend the previously adopted motion. Presumably, at least one member of the committee is also a member of the parent assembly, in which event that person would move to implement the committee's recommendation. Alternately, the motion could also be made by any other member of the assembly.

14 hours ago, Denise H. said:

2. If the committee does not agree with rescinding or amending, do they have to take a position?

No, the committee is not required to take a position on this issue.

14 hours ago, Denise H. said:

3. just confirming that the vote for rescinding or amending is 2/3 unless there is previous notice or a majority vote of the entire membership is needed to change the 2/3 to a majority vote?

If previous notice has not been given, the voting requirement is a 2/3 vote or a vote of a majority of the entire membership, either of which is sufficient. If previous notice has been given, the requirement is a majority vote.

3 hours ago, Hieu H. Huynh said:

It is out of the committee's hands unless the body puts it back into the committee.

Certainly the committee cannot decide on its own to rescind or amend the motion, but it would seem to me that the committee is free to make a recommendation on this matter on its own initiative.

[Bruce Lages]

Was this a standing committee, i.e., a committee either defined in the bylaws or established by the assembly to which items like the one at issue here are always referred, or was it a special committee, i.e., one created by the assembly to research this one issue only and report it recommendations?  It makes a difference because if it is the latter it would cease to exist once it has reported its recommendations and the assembly has acted on them (RONR, 12th ed. 50:10). If it's a special committee and the assembly wants it to provide more input on this issue, a motion would be needed to re-create the committee and (presumably) populate it with the same members as it had previously.

[Denise H.]

2 hours ago, Bruce Lages said:

Was this a standing committee, i.e., a committee either defined in the bylaws or established by the assembly to which items like the one at issue here are always referred, or was it a special committee, i.e., one created by the assembly to research this one issue only and report it recommendations?  It makes a difference because if it is the latter it would cease to exist once it has reported its recommendations and the assembly has acted on them (RONR, 12th ed. 50:10). If it's a special committee and the assembly wants it to provide more input on this issue, a motion would be needed to re-create the committee and (presumably) populate it with the same members as it had previously.

Yes, a standing committee.

[Denise H.]

On 9/27/2020 at 12:44 PM, Josh Martin said:

If previous notice has not been given, the voting requirement is a 2/3 vote or a vote of a majority of the entire membership, either of which is sufficient. If previous notice has been given, the requirement is a majority vote.

 

Thanks Josh- just wanted to clarify something when you say the requirement is  2/3 or a vote of a majority of the entire membership is sufficient- would we have to first vote whether we are using the 2/3 or majority of the entire membership standard, if no notice is given?   The organization's bylaws are silent.  TIA.

[Weldon Merritt]

9 minutes ago, Denise H. said:

would we have to first vote whether we are using the 2/3 or majority of the entire membership standard, if no notice is given? 

No. You just take the vote, and if either threshold is reached, the motion is adopted.

[Denise H.]

9 hours ago, Weldon Merritt said:

No. You just take the vote, and if either threshold is reached, the motion is adopted.

Thank you. That makes sense.