Rescind a motion

[Guest Brooke K.]

Help me understand this better.  Here's a scenario that's playing out with our local city government.

A motion was made to hire a specific company for the mowing contracts for our city parks.  The motion passed 3-2.  One alderman wasn't present at the meeting.  Said alderman wants to rescind the motion and reconsider a different company for the annual mowing contracts.  No physical contract has been signed by the current winning bidder yet, therefore, the motion isn't considered complete as the contract hasn't been signed. 

Can the motion be rescinded? If so, how? If not, why? 

[R.S.M]

1 hour ago, Josh Martin said:

I agree that, as a parliamentary matter, the organization is not limited to disciplining members for violating rules which are explicitly stated in the organization's bylaws or a personnel policy, unless there is a rule in the organization's bylaws or in applicable law providing as much. Perhaps there is such a rule and that is what the attorney's opinion is based upon. As you say, the rules in RONR grant an organization broad latitude to discipline members and do not limit the society in this manner.

"If there is an article on discipline in the bylaws (56:57), it may specify a number of offenses outside meetings for which these penalties can be imposed on a member of the organization. Frequently, such an article provides for their imposition on any member found guilty of conduct described, for example, as “tending to injure the good name of the organization, disturb its well-being, or hamper it in its work.” In any society, behavior of this nature is a serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not." RONR (12th ed.) 61:3

If it is in fact correct that some rule in the bylaws or in applicable law provides that members may only be disciplined if "the rule being violated is in either the By-laws or a Personell Policy," and a member is disciplined for some other reason, then this would be a continuing breach and a Point of Order could be raised regarding the matter.

If there is no rule limiting the organization's discretion in disciplinary actions in this manner, then the disciplinary action is valid (or at least, it is not invalid on this basis). The organization may still choose to amend or rescind the action if it wishes to do so, assuming the probationary period has not already ended (in which event there is nothing left to rescind or amend).

It just seems that it would tie an organizations hands if you can only discipline for violations stated in Bylaws or policies. If you put all the rules you think is going to be needed in your bylaws they would look like RONR or bigger as far as pages. 

Edited February 25, 2021 at 01:47 AM by R.S.M

[Atul Kapur]

24 minutes ago, Guest Brooke K. said:

Help me understand this better.  Here's a scenario that's playing out with our local city government.

A motion was made to hire a specific company for the mowing contracts for our city parks.  The motion passed 3-2.  One alderman wasn't present at the meeting.  Said alderman wants to rescind the motion and reconsider a different company for the annual mowing contracts.  No physical contract has been signed by the current winning bidder yet, therefore, the motion isn't considered complete as the contract hasn't been signed. 

Can the motion be rescinded? If so, how? If not, why? 

The motion to rescind is out of order "When something has been done, as a result of the vote
on the main motion, that is impossible to undo."

If the contract has not been signed, it sounds like it is still possible to undo the decision.

[Brooke K]

So to undo the decision, one would make a motion to rescind.  Would it take a majority vote? 2/3 vote? 

However, if the contract is signed prior to the next meeting, the motion couldn't be rescinded, correct?

[Richard Brown]

37 minutes ago, Guest Brooke K. said:

Help me understand this better.  Here's a scenario that's playing out with our local city government.

A motion was made to hire a specific company for the mowing contracts for our city parks.  The motion passed 3-2.  One alderman wasn't present at the meeting.  Said alderman wants to rescind the motion and reconsider a different company for the annual mowing contracts.  No physical contract has been signed by the current winning bidder yet, therefore, the motion isn't considered complete as the contract hasn't been signed. 

Can the motion be rescinded? If so, how? If not, why? 

 

12 minutes ago, Atul Kapur said:

If the contract has not been signed, it sounds like it is still possible to undo the decision.

I agree.  Per the rules in RONR  It is technically too late to use the motion to reconsider, but a motion to rescind the motion/ordinance awarding the contract is in order before the contract is signed unless there is a superior rule or law prohibiting it. 

[Richard Brown]

18 minutes ago, Brooke K said:

So to undo the decision, one would make a motion to rescind.  Would it take a majority vote? 2/3 vote? 

Per the rules in RONR, only a majority vote is needed if previous notice is given of the motion to rescind. Without previous notice, a two thirds vote or the vote of the majority of the entire council is required 

18 minutes ago, Brooke K said:

However, if the contract is signed prior to the next meeting, the motion couldn't be rescinded, correct?

Yes, that is correct. 

Edited to add: I added a clause that without previous notice the vote of the majority of the entire council will suffice. That is the rule in RONR. If all council members are present, that vote is actually easier to obtain than a two thirds vote. However, check your own council rules, city charter and state law carefully for a contrary requirement. Since this is a public body, there may well be superseding rules which trump the rules in RONR.

Edited February 25, 2021 at 02:25 AM by Richard Brown
Edited first part of answer and added last paragraph