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"Motion Carries"


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Guest Guest Ann

At a recent meeting, the Chair asked for a motion to approve contract extensions,  the motion was seconded and instead of calling for the vote, she asked for discussion, no further discussion, she said "Motion Carries" and moved on to the next item.  What do we do?  Do we need to call the Committee back?  Since there was no vote, do we start over?  Is the motion still sitting on the table?  

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5 minutes ago, Guest Guest Ann said:

At a recent meeting, the Chair asked for a motion to approve contract extensions,  the motion was seconded and instead of calling for the vote, she asked for discussion, no further discussion, she said "Motion Carries" and moved on to the next item.  What do we do?  Do we need to call the Committee back?  Since there was no vote, do we start over?  Is the motion still sitting on the table?  

At the time, someone should have immediately raised a point of order that the vote was not taken .

If no timely point of order was raised, it could be argued by the chair that this was handled as a unanimous consent request and since nobody objected, the motion was, indeed carried.

In my opinion you're past the point of trying to remedy this and the statement of the chair stands.

If that is unacceptable, you could use a motion to Rescind the contract extensions, presuming nothing has been signed yet.  With previous notice this would require only a majority vote; otherwise a 2/3 vote or a vote of a majority of the entire membership.

Edited by Gary Novosielski
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Guest Zev
8 hours ago, Gary Novosielski said:

If that is unacceptable, you could use a motion to Rescind the contract extensions, presuming nothing has been signed yet. 

Or the other party has been informed of the result, in which case it is too late to rescind the motion.

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10 hours ago, Guest Zev said:

Or the other party has been informed of the result, in which case it is too late to rescind the motion.

Isn't this applicable with regards to a motion to reconsider the vote rather than rescind?

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19 hours ago, Gary Novosielski said:

If that is unacceptable, you could use a motion to Rescind the contract extensions, presuming nothing has been signed yet.

 

10 hours ago, Guest Zev said:

Or the other party has been informed of the result, in which case it is too late to rescind the motion.

 

18 minutes ago, George Mervosh said:

Isn't this applicable with regards to a motion to reconsider the vote rather than rescind?

Yep.  

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7 minutes ago, Gary Novosielski said:

Are you saying the first two were incorrect?

My own view of it, Gary, is technically, yes.  Just because a contract has been signed doesn't necessarily mean it is impossible to undo (35:6 (b) ).  That's really the only standard here related to this scenario.  

Edited by George Mervosh
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6 minutes ago, George Mervosh said:

My own view of it, Gary, is technically, yes.  Just because a contract has been signed doesn't necessarily mean it is impossible to undo (35:6 (b) ).  That's really the only standard here related to this scenario.  

My thinking was that once the contract has been signed the motion has been carried out, and there is no unexecuted portion remaining.  

But I don't doubt that the state of the remainder of the contract could be reached by another motion, so perhaps it's just as well.

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56 minutes ago, Gary Novosielski said:

My thinking was that once the contract has been signed the motion has been carried out, and there is no unexecuted portion remaining.  

This depends upon the wording of the motion.  A motion authorizing the President to sign a contract is fully carried out once it has been signed.  

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Guest Zev
Quote

 

ACTIONS THAT CANNOT BE RESCINDED OR AMENDED. The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances:

a) ...

b) ...

c) When the case is in the nature of a contract, and the other party has been informed of the vote.

d) ...

 

RONR 9th edition (1990) p. 302.

This case (c) has been eliminated in the 2000 edition. Thank you for the pointer.

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10 minutes ago, Guest Zev said:

RONR 9th edition (1990) p. 302.

This case (c) has been eliminated in the 2000 edition. Thank you for the pointer.

Is it correct that it is also not present in the 11th and 12th editions?

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Guest Zev

That is correct.

In the 10th edition (2000) pages 297-298 the afore-mentioned letter (c) has been deleted, replaced by the letter (d), and the 11th edition (2011) on page 308, and the 12th edition (2020) on page 291, aka 35:6, are the same.

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