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Guest David O Jones

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Guest David O Jones

question #1: vote required: references suggest, without notice 2/3 vote is required, or "majority of the members"

The previous motion was passed at an Executive Committee meeting. Does this motion to amend

that motion, now presented at the subsequent Executive meeting, require 2/3 of those voting now,

or a "majority" of the Executive members or "majority" of the whole membership of the organization ?

question #2: what constitutes action taken on the previous motion that cannot be undone? The issue is re:

a monetary gift to a retiring employee for a holiday trip. Amount was communicated to his family. Now proposed

to cut the amount by 80%. A gift - so infer no 'legally binding' aspect. Cheque not yet presented. Travel agent also

was alerted that donation had been approved.

question #3 "legal contract" - is that language still in Robert's re: rescinding motions? I've seen 'yes' and 'no' elsewhere.

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question #1: vote required: references suggest, without notice 2/3 vote is required, or "majority of the members"

The previous motion was passed at an Executive Committee meeting. Does this motion to amend

that motion, now presented at the subsequent Executive meeting, require 2/3 of those voting now,

or a "majority" of the Executive members or "majority" of the whole membership of the organization ?

With previous notice a majority vote is needed. Without notice a 2/3 vote or a majority vote of the ENTIRE membership is needed. See RONR pp. 295-296.

question #2: what constitutes action taken on the previous motion that cannot be undone? The issue is re:

a monetary gift to a retiring employee for a holiday trip. Amount was communicated to his family. Now proposed

to cut the amount by 80%. A gift - so infer no 'legally binding' aspect. Cheque not yet presented. Travel agent also

was alerted that donation had been approved.

See RONR pp. 297-298

question #3 "legal contract" - is that language still in Robert's re: rescinding motions? I've seen 'yes' and 'no' elsewhere.

The language in a contract can be Rescinded or Amended subject to the restrictions on the pages I cited in your 2nd question. However, there probably would be legal implications which would need to be addressed by a lawyer.

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question #1:

vote required: references suggest, without notice 2/3 vote is required, or "majority of the members."

The previous motion was passed at an Executive Committee meeting.

Does this motion to amend that motion, now presented at the subsequent Executive meeting, require 2/3 of those voting now, or a "majority" of the Executive members or "majority" of the whole membership of the organization ?

Without notice, it requires either:

(a.) a two-thirds vote; or

(b.) a majority of the body who is doing the rescinding; here, in your case, you need a majority of the entire membership of the Executive Committee.

(It is not the entire membership of the organization.)

question #2:

what constitutes action taken on the previous motion that cannot be undone?

The issue is re a monetary gift to a retiring employee for a holiday trip.

Amount was communicated to his family.

Now proposed to cut the amount by 80%.

A gift -- so infer no 'legally binding' aspect.

Cheque not yet presented.

Travel agent also was alerted that donation had been approved.

The parliamentary answer is, whatever is not yet executed, is amendable/rescindable.

So, if no money has left the treasury, then that part is not yet executed.

Therefore, the organization may choose to rescind or amend that end of things -- viz., the amount.

question #3:

"legal contract" -- is that language still in Robert's re: rescinding motions?

I don't know what language you are referring to, since the word "contract" occurs more than once in RONR 10th edition.

See page 307 for Reconsider.

See page 394 for abstaining.

See page 408 for officers.

See page 466 for board's authority vs. gen. mem. authority.

See page 579 under "amendment of bylaws" for terminating officers early.

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Guest David O Jones

Without notice, it requires either:

(a.) a two-thirds vote; or

(b.) a majority of the body who is doing the rescinding; here, in your case, you need a majority of the entire membership of the Executive Committee.

(It is not the entire membership of the organization.)

The parliamentary answer is, whatever is not yet executed, is amendable/rescindable.

So, if no money has left the treasury, then that part is not yet executed.

Therefore, the organization may choose to rescind or amend that end of things -- viz., the amount.

I don't know what language you are referring to, since the word "contract" occurs more than once in RONR 10th edition.

See page 307 for Reconsider.

See page 394 for abstaining.

See page 408 for officers.

See page 466 for board's authority vs. gen. mem. authority.

See page 579 under "amendment of bylaws" for terminating officers early.

MY QUERY RE: "CONTRACT" CAME OUT OF THE FOLLOWING QUOTE FROM THE RONR WEBSITE, RE: 10TH EDITION:

"the rule prohibiting rescision of a motion which is in the nature of a contract has been eliminated."

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MY QUERY RE: "CONTRACT" CAME OUT OF THE FOLLOWING QUOTE FROM THE RONR WEBSITE, RE: 10TH EDITION:

"the rule prohibiting rescision of a motion which is in the nature of a contract has been eliminated."

The way I read this is: If a motion "to bind the organization to a commitment of 10,000.00" in the past, the motion could not be recinded.

Now, RONR has eliminated the prohibition and the the rules allow for a recision of the original motion.

Is this a fair understanding of the elimination of the rule prohibiting recision and RONR addresses it in this manner so those who remember that rule can positively state the rule was at one time in place?

THere's nothing like knowing a rule existed and not knowing it has been repealed.

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The way I read this is: If a motion "to bind the organization to a commitment of 10,000.00" in the past, the motion could not be recinded.

Now, RONR has eliminated the prohibition and the the rules allow for a recision of the original motion.

Is this a fair understanding of the elimination of the rule prohibiting recision and RONR addresses it in this manner so those who remember that rule can positively state the rule was at one time in place?

THere's nothing like knowing a rule existed and not knowing it has been repealed.

Previous editions of Robert did state contracts could not be rescinded. That rule has been eliminated in the tenth edition.

The reason, basically, is that RONR is a book of procedure. Procedurally, you can rescind a contract.

Whether you ought to is a different kind of question; one that your members will decide.

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