Reconsider - The next succeeding day

[Henry Lawton]

“37:8   To provide both usefulness and protection against abuse, the motion to Reconsider has the following unique characteristics, as more fully explained in 37:10:

b)       Except in committees, it must be moved either on the same day the original vote was taken or on the next succeeding day within the same session on which a business meeting is held.”

My question: Can the next succeeding day be extended by “fix the time to which to adjourn” to an adjourn meeting the following day? Or does this mean that the reconsideration must be called on only on the next succeeding day?

[Dan Honemann]

On 4/8/2024 at 2:12 PM, Henry Lawton said:

“37:8   To provide both usefulness and protection against abuse, the motion to Reconsider has the following unique characteristics, as more fully explained in 37:10:

 

b)       Except in committees, it must be moved either on the same day the original vote was taken or on the next succeeding day within the same session on which a business meeting is held.”

 

My question: Can the next succeeding day be extended by “fix the time to which to adjourn” to an adjourn meeting the following day? Or does this mean that the reconsideration must be called on only on the next succeeding day?

 

The latter.

[Josh Martin]

On 4/8/2024 at 1:12 PM, Henry Lawton said:

Can the next succeeding day be extended by “fix the time to which to adjourn” to an adjourn meeting the following day? Or does this mean that the reconsideration must be called on only on the next succeeding day?

The reconsideration may only be called on the next succeeding day on which a business meeting is held.

If, for example, a convention is scheduled to meet Thursday through Sunday, but there are no business meetings scheduled for Saturday, then if a motion was made on Friday, it could be reconsidered on Sunday. If business meetings were scheduled for each day, a motion made on Friday could only be reconsidered on Saturday.

This time limit cannot be extended, because it refers to "the next succeeding day within the same session on which a business meeting is held." Suppose that a motion is made on Saturday. On Sunday, reconsideration could be moved. If the assembly proceeds on Sunday to establish an adjourned meeting for Monday, this will not permit a motion made on Saturday to be reconsidered on Monday, because Monday is not "the next succeeding day." The assembly can extend the session, but it can't extend the day.

Edited April 8, 2024 at 07:03 PM by Josh Martin

[Henry Lawton]

This is how I responded to the question. I stilled wanted to get others thoughts, thank both of you.

[Shmuel Gerber]

On 4/8/2024 at 2:12 PM, Henry Lawton said:

My question: Can the next succeeding day be extended by “fix the time to which to adjourn” to an adjourn meeting the following day? Or does this mean that the reconsideration must be called on only on the next succeeding day?

 

On 4/8/2024 at 2:41 PM, Dan Honemann said:

The latter.

The question is quite unclear (at least it is to me), because I would think the answer is the former.

"The next succeeding day within the same session on which a business meeting is held" is relative to the day on which the original vote was taken. As long as no meetings of the same session have been scheduled for other days, then it will only be possible to make a motion to Reconsider on the same day the original vote was taken.

But if the assembly then fixes an adjourned meeting of the same session to be held on another day, the time limit for making a motion to reconsider is "extended" to whenever that adjourned meeting (or the first day of it) is held, regardless of the number of calendar days involved.

[Shmuel Gerber]

On 4/8/2024 at 3:25 PM, Shmuel Gerber said:

The question is quite unclear (at least it is to me), because I would think the answer is the former.

Or actually the answer is that it is a false choice. The motion can be made on the next succeeding day within the session, which does not have to be the next day on the calendar, and the session itself can be extended by fixing the time for an adjourned meeting.

[Dan Honemann]

 

On 4/8/2024 at 3:32 PM, Shmuel Gerber said:

Or actually the answer is that it is a false choice. The motion can be made on the next succeeding day within the session, which does not have to be the next day on the calendar, and the session itself can be extended by fixing the time for an adjourned meeting.

I think you know the assumption that I made as to the meaning of the facts as stated, and I'll bet dollars to doughnuts that my assumption was correct.

 

[Henry Lawton]

Dan, your assumption is correct.

[Shmuel Gerber]

On 4/8/2024 at 3:52 PM, Dan Honemann said:

I think you know the assumption that I made as to the meaning of the facts as stated, and I'll bet dollars to doughnuts that my assumption was correct.

 

On 4/8/2024 at 4:08 PM, Henry Lawton said:

Dan, your assumption is correct.

Nope. I don't understand the question and I have no idea what assumption is being made.

[Dan Honemann]

On 4/8/2024 at 4:11 PM, Shmuel Gerber said:

 

Nope. I don't understand the question and I have no idea what assumption is being made.

My assumption concerning the facts was that a motion is made and adopted (or rejected) on day one of a two-day session.  No motion to reconsider this vote is made on day one.  The question is, if reconsideration is desired, must the motion to reconsider be made on day two of the session or, if on day two a date and time is fixed for an adjourned meeting, may the motion to reconsider be made during this adjourned meeting.  The answer, of course, is that it must be made on day two.

[Shmuel Gerber]

On 4/8/2024 at 5:10 PM, Dan Honemann said:

My assumption concerning the facts was that a motion is made and adopted (or rejected) on day one of a two-day session.  No motion to reconsider this vote is made on day one.  The question is, if reconsideration is desired, must the motion to reconsider be made on day two of the session or, if on day two a date and time is fixed for an adjourned meeting, may the motion to reconsider be made during this adjourned meeting.  The answer, of course, is that it must be made on day two.

Oh, I see. So the (incorrect) hypothesis of the question was that perhaps an adjourned meeting is treated as though it is being held on the same day as the original meeting whose business it is a continuation of. Thanks for explaining.