Same Question, New Motion

[RebeccaW]

Our past years board members made a motion and voted to terminate an employee of our organization as their outgoing act. Due to the consequences of that motion, the current years board members made a motion to place the employee on probation rather then terminating the individual. Our Bylaws grant the Board the right to make hiring/firing decisions.

My question, can an issue once voted upon, be revisited and changed by another motion, as was done in this case? Or was the second motion illegal?

[Rob Elsman]

Our past years board members made a motion and voted to terminate an employee of our organization as their outgoing act. Due to the consequences of that motion, the current years board members made a motion to place the employee on probation rather then terminating the individual. Our Bylaws grant the Board the right to make hiring/firing decisions.

My question, can an issue once voted upon, be revisited and changed by another motion, as was done in this case? Or was the second motion illegal?

Had the employee been notified of his termination before the second motion was made?

[RebeccaW]

Had the employee been notified of his termination before the second motion was made?

Yes, she had, at the time of termination she was given 3 weeks notice. The second meeting with the new officers occurred approximately a week later.

[Rob Elsman]

Yes, she had, at the time of termination she was given 3 weeks notice. The second meeting with the new officers occurred approximately a week later.

Thank you for the additional information.

The first motion was fully executed when the employee was notified of her termination. A motion to Amend Something Previously Adopted cannot be made with respect to an action that cannot be undone. See RONR (10th ed.), p. 297, ll. 32-35.

[RebeccaW]

Thank you for the additional information.

The first motion was fully executed when the employee was notified of her termination. A motion to Amend Something Previously Adopted cannot be made with respect to an action that cannot be undone. See RONR (10th ed.), p. 297, ll. 32-35.

Thank you so much.

[Mr. J!]

Thank you for the additional information.

The first motion was fully executed when the employee was notified of her termination. A motion to Amend Something Previously Adopted cannot be made with respect to an action that cannot be undone. See RONR (10th ed.), p. 297, ll. 32-35.

However, if the board has full power, it could presumably re-hire this employee in a future motion.

[hmtcastle]

The first motion was fully executed when the employee was notified of her termination.

I'm not so sure. If the motion was to notify, then yes, that motion was fully executed. But if the motion was to terminate, and she hasn't been terminated, then that motion hasn't yet been fully executed. This particular train has not yet left the station even though the timetable has been published.

[Rob Elsman]

I'm not so sure. If the motion was to notify, then yes, that motion was fully executed. But if the motion was to terminate, and she hasn't been terminated, then that motion hasn't yet been fully executed. This particular train has not yet left the station even though the timetable has been published.

Would you hold, then, that the election of an officer can be rescinded after he has been notified of his election but before he takes office?

[Robert B Fish]

Would you hold, then, that the election of an officer can be rescinded after he has been notified of his election but before he takes office?

Of course not, as the provisions of page 430 clearly control the situation you suggest and not the one described by the post.

-Bob

[hmtcastle]

Would you hold, then, that the election of an officer can be rescinded after he has been notified of his election but before he takes office?

No. But, with Mr. Fish, I would hold that the election of an officer is not analogous to the termination of an employee.

[J. J.]

Would you hold, then, that the election of an officer can be rescinded after he has been notified of his election but before he takes office?

What is the term of office in the bylaws? If it is "or until," I'd say yes.

[Trina]

...

A motion to Amend Something Previously Adopted cannot be made with respect to an action that cannot be undone. See RONR (10th ed.), p. 297, ll. 32-35.

I'm not so sure. If the motion was to notify, then yes, that motion was fully executed. But if the motion was to terminate, and she hasn't been terminated, then that motion hasn't yet been fully executed....

...the provisions of page 430 clearly control the situation you suggest and not the one described by the post.

No. But, with Mr. Fish, I would hold that the election of an officer is not analogous to the termination of an employee.

In case RebeccaW is still checking back, the point is that RONR does not directly tell you when this particular action (terminating an employee) is fully carried out (and hence no longer subject to a motion to rescind or amend something previously adopted). The confusion is that RONR p. 298 ll. 1-4 states that 'when ... a person has been ... expelled from membership or office, and the person was present, or has been officially notified of the action,' a motion to rescind or ASPA is not in order. At first glance, the termination of an employee sounds like almost the same thing, but it isn't. 'Almost the same' is not close enough. The organization will have to decide if the previous motion can still be amended or not.

From p. 297 (previously cited by Mr. Elsman):

'The motions to Rescind and to Amend Something Previously Adopted are not in order... 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).'