improper motion, motion to reconsider, motion to rescind

[Genesis]

A motion (to do X) was made, seconded, but failed to garner the majority of votes and thus was not adopted. 

Immediately thereafter, a member belatedly joined the meeting and another member who previously voted against the first motion decided to change his mind. The same motion was made again, seconded, and the majority voted in favor of the motion.

Notification that this second motion was an improper motion was ignored.

At the next meeting, a motion to reconsider the improper motion was made. No one seconded the motion, no vote was called, and as a result the motion to reconsider failed.

Does the very first motion (which was not adopted) still stand?  The Board went ahead and did X.  If an improper action, what can be done? Make another motion to reconsider again? Or make a motion to rescind or amend?

[Rob Elsman]

11 minutes ago, Genesis said:

The same motion was made again, seconded, and the majority voted in favor of the motion.

As far as I can tell from the facts given, the motion was adopted.

This is a very good example of an assembly that uses a facade of parliamentary procedure without having really studied it or implemented it.

[Genesis]

So the second motion, despite 36:6 and 10:26(3), having exactly the same wording as the first motion, is considered proper? And, yes, it was adopted by the Board on this second attempt.

BTW, the Board chair, when lacking enough votes to carry a motion he supports, will conference-call missing members to garner their votes, then allow those members to "leave" the meeting immediately (by ending the call) after the desired motion carries.

[George Mervosh]

13 minutes ago, Genesis said:

So the second motion, despite 36:6 and 10:26(3), having exactly the same wording as the first motion, is considered proper? And, yes, it was adopted by the Board on this second attempt.

I think you meant Section 38, but Mr. Elsman didn't say it was proper.  

2 hours ago, Genesis said:

Notification that this second motion was an improper motion was ignored.

A timely point of order needed to made and if it was ruled not well taken, appealed.  Just ignoring it is the real problem.  Since it was ignored and they passed the motion, it remains adopted.  Next time don't let the presiding officer get away with ignoring points of order.

[Genesis]

Thank you to you both for your help.

 

[George Mervosh]

And since you asked, with a few exceptions (35:6) an adopted main motion may be rescinded or amended.   

[Richard Brown]

@Genesisagreeiing with my colleagues, the original motion could have properly been reconsidered at the same meeting at which it was adopted, and that sounds like what might have in essence happened, but it is subject to special rules.  The motion to reconsider would have to be made by a member who voted on the prevailing side, so the member who  changed his mind would have been entitled to make the motion.  However, it appears the "objection" (which should have been a "point of order") was apparently ignored and there was no appeal.  Therefore, the motion stands adopted.  We sometimes call it the "You snooze, you lose" rule.  For most breaches of order, someone must raise a timely and proper point  of order (and possibly an appeal) or the breach of order is deemed waived the the motion stands as adopted.  There are some exceptions to that requirement, but this is not one of them.

At the second meeting, a motion to reconsider was actually out of order as such a motion must almost always be made at the same meeting at which the main motion was adopted.  However, since the motion to reconsider did not receive a second and was adopted, that issue is moot.

As Mr. Mervosh pointed out, an adopted motion can be rescinded or amended at any later meeting.  Such a motion would have been in order at the second meeting and will be in order at any future meeting unless the matter has become moot, such as if the motion has already been fully carried out.  That would be the case if the motion was to buy a new computer and the computer has already been  purchased.  Once it is purchased, it is too late to rescind or amend the original motion to purchase the computer.

[Genesis]

I thank all of you for your guidance.