Rescind/Annul/Repeal an Enacted Motion

[Guest Mitchell]

A motion was made at the end of the year to take effect with new Board members at the next meeting. Since the next meeting was the beginning of the new year, there wasn't any unfinished business as all business would be considered new. At that time, the existing Board members and the incoming Board members were contacted by the chair informing everyone of the new rules, thereby, what I believe to be as enacting the motion passed. The second Board meeting was held and it was met with a lot of noncompliance to these very rules and some of the existing Board members felt that this wasn't in line with the motion that was passed in the previous year. Therefore, a motion to repeal was presented in effect to fix the misunderstandings that occurred. 

The motion would not, necessarily, be a repeal, as the option would be to rescind/annul. However, since the motion was enacted upon, it is my understanding that the option isn't available either. So, my question is, what options, if any, are there to fix the wording of a previously adopted motion? Would this, too, just be an amendment that would need a majority vote to pass? Additionally, debating the motion on the merits of the language and the outcome would, I doubt, change votes. Would an appeal to the chair be more appropriate to end the vote?

Our bylaws do not have anything to navigate the language other than that we defer to Robert's Rules. 

Thank you in advance for answering this question.

[Gary Novosielski]

Rescind, Repeal and Annul are all synonyms for the same motion, which is itself half of a pair of twin motions covered in RONR 12th ed. §35, Rescind; Amend Something Previously Adopted.

Are we talking about several motions here, or is this one motion, namely the one that was passed at the end of the last year, and comprises a set of rules that went into effect with the newly reorganized board, and which it is now proposed to Rescind?

I'm not sure what you mean by "enacted upon" but it does not appear to be relevant.  If this is a set of rules that is still in effect, then it can certainly be rescinded.  The motion to Rescind can apply to

"...anything (e.g., bylaw, rule, policy, decision, or choice) which has continuing force and effect and which was made or created at any time or times as the result of the adoption of one or more main motions." [35:2]

There are some exceptions that are not subject to rescission, such as motions which have been fully accomplished and cannot be undone, for example a motion to demolish the storage shed.  But a set of rules that continues in force can be rescinded/annulled/repealed, or for that matter Amended (per §35)

The motion requires a second, is debatable (which debate can go into the merits of the original motion, is amendable, and for passage requires:

 "In an assembly, except when applied to a constitution, bylaws, or special rules of order, require (a) a two-thirds vote, (b) a majority vote when notice of intent to make the motion, stating the complete substance of the proposed change, has been given at the previous meeting within a quarterly time interval or in the call of the present meeting, or (c) a vote of a majority of the entire membership—any one of which will suffice." [35:2]

If these rules are bylaws or special rules of order, the requirement is more stringent.