Motion to Rescind

[Guest pkw]

Hello -

At a recent meeting, a motion was made to appoint a person to fill a Board vacancy. The appointee is set to be sworn in next week.

Recent information has come available that calls into question the decision that was made. It would seem that a Motion to Rescind is in order.

I understand how the process will work once the motion is made, but I do not fully understand how to initiate the motion.

Under "Preliminary Business", the agenda reads:

A.  Call to Order

B.  Announcement that a quorum is present...as required by law.(paraphrased)

C.  Administer Oath of Office to newly appointed trustee.

D. Public Comment

I am asking how, if possible, a member can gain the floor between B & C to make the Motion to Rescind.

Thank you in advance for your assistance. 

 

 

[Josh Martin]

On 8/10/2024 at 1:26 PM, Guest pkw said:

At a recent meeting, a motion was made to appoint a person to fill a Board vacancy. The appointee is set to be sworn in next week.

Recent information has come available that calls into question the decision that was made. It would seem that a Motion to Rescind is in order.

No, a motion to rescind is not in order. An election to office cannot be rescinded.

"The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances:

a) When it has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider (37).
b) When something has been done, as a result of the vote on the main motion, that is impossible to undo. (The unexecuted part of an order, however, can be rescinded or amended.)
c) When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. (The only way to reverse an expulsion is to follow whatever procedure is prescribed by the bylaws for admission or reinstatement. For the case of an election, see 62:16 regarding removal of a person from office.)" RONR (12th ed.) 35:6

It may instead be possible to make a motion to remove the person in question from office. In order to advise you further on that matter, we would need answers to the following questions:

• What, if anything, do your bylaws say on the subject of removing officers? Please provide an exact quote, not a paraphrase.
• If your bylaws are silent concerning removal of officers, what do your bylaws say concerning the term of office for officers? Again, please provide an exact quote, not a paraphrase.

It also seems like this might be some sort of public body. If so, the answers to these questions may be found in applicable law, and I would advise you to direct your questions on this matter to the board's clerks and attorneys.

On 8/10/2024 at 1:26 PM, Guest pkw said:

I understand how the process will work once the motion is made, but I do not fully understand how to initiate the motion.

Under "Preliminary Business", the agenda reads:

A.  Call to Order

B.  Announcement that a quorum is present...as required by law.(paraphrased)

C.  Administer Oath of Office to newly appointed trustee.

D. Public Comment

I am asking how, if possible, a member can gain the floor between B & C to make the Motion to Rescind.

A member cannot make the motion to rescind. Elections cannot be rescinded.

It might be possible to remove the officer, as noted above, although it seems generally unlikely (for parliamentary and practical reasons), that it will be possible to do so prior to the person taking office.

[Dan Honemann]

On 8/10/2024 at 2:26 PM, Guest pkw said:

Hello -

At a recent meeting, a motion was made to appoint a person to fill a Board vacancy. The appointee is set to be sworn in next week.

Recent information has come available that calls into question the decision that was made. It would seem that a Motion to Rescind is in order.

I understand how the process will work once the motion is made, but I do not fully understand how to initiate the motion.

Under "Preliminary Business", the agenda reads:

A.  Call to Order

B.  Announcement that a quorum is present...as required by law.(paraphrased)

C.  Administer Oath of Office to newly appointed trustee.

D. Public Comment

I am asking how, if possible, a member can gain the floor between B & C to make the Motion to Rescind.

Thank you in advance for your assistance. 

 

 

A motion to rescind the appointment will not be in order if the person who was appointed was present at the time of his appointment or has been officially notified of his appointment (RONR, 12th ed., 35:6(c)).

See RONR, 12th ed., 62:16 to determine what procedure will need to be followed in order to remove him from office.

[Guest Prk]

Thank you all for your initial responses. 

I will add more information and answer some questions for clarity.

1. This is a public administrative board for a school district.

2. By statute, trustees may not be removed unless the commit acts that would disqualify them from service.

3.  This appointee was appointed to fill a vacancy due to an unexpected resignation.  This appointment is to complete the unexpired term.

4.  The position is normally elected to a three year term. In this case, the appointment will expire in May.

Since the motion to appoint was made, seconded, and passed at the last meeting, new information has come to light and (some) members of the Board feel the appointment is no longer warranted. 

The appointee has not been sworn into office.

Is there a way to stop the proceedings? Re-open discussion and remote?

This appointee withheld key information from the Board that would have affected members' votes.

Thank you for your patience.

Any assistance is greatly appreciated.

[Josh Martin]

On 8/10/2024 at 2:12 PM, Guest Prk said:

Since the motion to appoint was made, seconded, and passed at the last meeting, new information has come to light and (some) members of the Board feel the appointment is no longer warranted. 

The appointee has not been sworn into office.

Is there a way to stop the proceedings? Re-open discussion and remote?

This appointee withheld key information from the Board that would have affected members' votes.

Under Robert's Rules of Order, after a board member has been elected and the person has been informed of their election, the election is final. In this context, by "election" I am referring to the vote by the board to appoint this person. The fact that "This appointee withheld key information from the Board that would have affected members' votes."

"The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances:

a) When it has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider (37).
b) When something has been done, as a result of the vote on the main motion, that is impossible to undo. (The unexecuted part of an order, however, can be rescinded or amended.)
c) When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. (The only way to reverse an expulsion is to follow whatever procedure is prescribed by the bylaws for admission or reinstatement. For the case of an election, see 62:16 regarding removal of a person from office.)" RONR (12th ed.) 35:6

So no, at least so far as Robert's Rules is concerned, nothing may be done to stop the proceedings.

Once again, however, because this is a public body, there may well be something in the board's rules or applicable law on this matter, and those rules will take precedence. So I would advise the board to consult with its clerks and attorneys to see if the board has any options.

[Guest Pkw]

Thank you all for your assistance.  I have one remaining question.

May a member of the Board, upon the opening of the meeting, make a motion to table the agenda item, "Administer the Oath of Office?"  Then with a second, vote on the motion?

While it does not undo the action, would it be possible to use that procedure to delay the item?

Thank you.

[Richard Brown]

On 8/11/2024 at 1:55 PM, Guest Pkw said:

May a member of the Board, upon the opening of the meeting, make a motion to table the agenda item, "Administer the Oath of Office?"  Then with a second, vote on the motion?

While it does not undo the action, would it be possible to use that procedure to delay the item?

Since this is a public body, I think it is a legal question more than a parliamentary question and the answer depends on state and or local law and on the school boards’ own rules. As far as the Rules in RONR are concerned, an installation ceremony or the taking of an oath of office is ceremonial only and is not required and an election or appointment to office becomes effective immediately upon election or appointment unless the governing documents or law provide otherwise. 

in addition, although more of a legal issue then a parliamentary one, it seems conceivable that failure or refusal to administer an oath of office as required by law might constitute a violation of the law and/or malfeasance in office by the person so refusing.  I think this is a question that needs to be directed to the school board attorney.

[Guest Pkw]

Thank you.

[Atul Kapur]

You could, but such an installation ceremony is, under RONR, purely ceremonial and would not delay the assumption of office.

"An officer-elect takes possession of his office immediately upon his election’s becoming final, unless the bylaws or other rules specify a later time (see 56:27). If a formal installation 
ceremony is prescribed, failure to hold it does not affect the time at which the new officers assume office." RONR (12th ed.) 47:47 (emphasis added)

[Josh Martin]

On 8/11/2024 at 1:55 PM, Guest Pkw said:

May a member of the Board, upon the opening of the meeting, make a motion to table the agenda item, "Administer the Oath of Office?"  Then with a second, vote on the motion?

While it does not undo the action, would it be possible to use that procedure to delay the item?

So far as RONR is concerned, an installation ceremony is purely ceremonial and has no impact on a person taking office. As such, RONR has no direct answer to this question, because the answer to the question would be meaningless.

As a general matter, items on the agenda on may be postponed to a future meeting. I concur fully with Mr. Brown, however, that this is ultimately a legal question, and I would again advise the board consult its clerks and attorneys to see what options (if any) the board has in regard to rescinding the election or delaying this person from taking office. I would ask the board's attorney whether it is legal to delay the oath of office in this manner and, if the oath is delayed, what the effect of doing so would be.

Edited August 12, 2024 at 04:04 PM by Josh Martin