Improper motion

[Guest Hannah]

What should/can be done when it's realized after a meeting has adjourned that an improper motion was made and voted on?

[Joshua Katz]

In what way was it improper?

[Dan Thomas-Commins]

I'll add to the questions in answer to a question. What was the motion?

[Guest Hannah]

The Executive Committee voted not to recommend to the general body to accept a proposed action from a committee. But the committee presented the activity to the general body anyway. The motion was worded to essentially reject the Executive Committee's vote. I think that was improper because the Executive Committee did not bring a recommendation to the body. The result was that the activity will take place, which the Executive Committee was not in favor of.

[Atul Kapur]

Who does the committee report to, the membership or the executive committee? Please quote exactly from your bylaws or whatever rule or motion created this committee. Since the committee directly presented to the membership, it apparently reports to them. So I'm not clear what role the executive committee has at all in that relationship.

More specifically, I'm not at all certain that the executive committee has the authority to prevent this committee from making its recommendation. Is there some rule (not just a custom, but a real rule) that the executive committee has the power to "screen" recommendations from other committees?

Edited May 7, 2024 at 01:04 PM by Atul Kapur
Added last paragraph

[Joshua Katz]

Well, I'm not sure how improper this was, but the most likely answer is that there's nothing to be done at this point. It sounds like any point of order would need to have been raised at the time, as the objection is to the procedure, not the motion itself.

[Guest Hannah]

To Atul's point, it is the rule the the executive committee hears proposals first, but it does not state that rejected proposals cannot be presented to the body. It has been the custom to let something die when rejected, which rarely happens. 

I agree with Joshua that nothing can be done at this point. However, I guess a member could move to rescind the motion at the next meeting, but actions may have been taken by the planners that cannot be reversed. This is a learning opportunity, and we need to look at refining the rules to better align with our intentions.

Thank you.

[Atul Kapur]

If the membership has approved it despite executive committee’s recommendation, I'm not certain any corrective action is required. 

I would be careful about implementing a rule that said executive committee could prevent a proposal from being presented to the membership at all. That seems to give the executive committee inordinate powers.

[Joshua Katz]

On 5/7/2024 at 7:08 AM, Guest Hannah said:

I agree with Joshua that nothing can be done at this point. However, I guess a member could move to rescind the motion at the next meeting, but actions may have been taken by the planners that cannot be reversed. This is a learning opportunity, and we need to look at refining the rules to better align with our intentions.

 

Yes, a member could move to rescind. But why would that motion pass? The body, however the question got to it, decided to approve.

 

[Rob Elsman]

Apparently, the correct answer to the original post must be found in the organization's own rules, since the common parliamentary law assumes that committees report to their immediately superior bodies.

[Drake Savory]

On 5/7/2024 at 5:36 AM, Guest Hannah said:

The Executive Committee voted not to recommend to the general body to accept a proposed action from a committee.

This motion as worded is out of order since adoption would not change to change the status quo.  In addition if adopted then the Executive Committee would not take a position.  This is very different than had the motion read "The Executive Committee recommends to the general body to not accept the propose action."