paulmcclintock Posted November 25, 2023 at 12:05 AM Report Share Posted November 25, 2023 at 12:05 AM Suppose a committee member relocates too far to continue his duties, and submits in writing a resignation from the committee. At the next meeting, the president assumes the motion that the member requests to be excused from the committee duty. It is adopted by unanimous consent. Assume that the committee members are elected by the assembly, and that immediately a new member is elected to fill the vacancy. RONR 32:2 SDC 8 says: Where the member requesting to be excused from a duty has learned of the action taken on his or her request, only a negative vote can be reconsidered. RONR 56:68(6) says: A prohibition or limitation prohibits everything greater than what is prohibited, or that goes beyond the limitation; but it permits what is less than the limitation, and also permits things of the same class that are not mentioned in the prohibition or limitation and that are not evidently improper In the scenario above, can the positive vote to excuse the duty be reconsidered after the vacancy has been filled (before the requester learns of the action)? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted November 25, 2023 at 02:02 AM Report Share Posted November 25, 2023 at 02:02 AM Definitely not if the vacancy-filler has been notified of their election. 😉 More generally, no, not once the vacancy has been filled. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted November 25, 2023 at 11:07 AM Report Share Posted November 25, 2023 at 11:07 AM On 11/24/2023 at 7:05 PM, paulmcclintock said: Suppose a committee member relocates too far to continue his duties, and submits in writing a resignation from the committee. At the next meeting, the president assumes the motion that the member requests to be excused from the committee duty. It is adopted by unanimous consent. Assume that the committee members are elected by the assembly, and that immediately a new member is elected to fill the vacancy. RONR 32:2 SDC 8 says: Where the member requesting to be excused from a duty has learned of the action taken on his or her request, only a negative vote can be reconsidered. RONR 56:68(6) says: A prohibition or limitation prohibits everything greater than what is prohibited, or that goes beyond the limitation; but it permits what is less than the limitation, and also permits things of the same class that are not mentioned in the prohibition or limitation and that are not evidently improper In the scenario above, can the positive vote to excuse the duty be reconsidered after the vacancy has been filled (before the requester learns of the action)? The answer depends upon whether or not the election to fill the vacancy has become final as provided in 46:46. If it has , then 37:9(2)(e) precludes reconsideration of the resignation request which was adopted by unanimous consent. Quote Link to comment Share on other sites More sharing options...
Drake Savory Posted November 25, 2023 at 07:35 PM Report Share Posted November 25, 2023 at 07:35 PM On 11/24/2023 at 5:05 PM, paulmcclintock said: In the scenario above, can the positive vote to excuse the duty be reconsidered after the vacancy has been filled How can the resigning member retake their seat if it is not vacant? Wouldn't the motion that filled the vacancy have to be rescinded first? Quote Link to comment Share on other sites More sharing options...
Guest Zev Posted November 25, 2023 at 11:35 PM Report Share Posted November 25, 2023 at 11:35 PM I was under the impression that in cases of elections, once someone has been elected they could only be removed by way of a trial and impeachment. But I could be wrong about this. Quote Link to comment Share on other sites More sharing options...
Drake Savory Posted November 26, 2023 at 04:05 PM Report Share Posted November 26, 2023 at 04:05 PM You can rescind the election if they have not been notified 35:6(c) Quote Link to comment Share on other sites More sharing options...
paulmcclintock Posted November 27, 2023 at 08:25 AM Author Report Share Posted November 27, 2023 at 08:25 AM Thanks all for your replies. it added some extra depth to our NAP unit lesson on this section on Saturday. Quote Link to comment Share on other sites More sharing options...
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