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Rescinding Motion


TraderFred

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This is a bit complicated. We are a sport/social Club with an 8 member Board. There is a separate 6 person Lodge Committee, operating our ski lodge. Our By-laws specify that all (policy) decisions of the Lodge Committee must be approved by first the Club Board and then by the members. If the Board does not approve a change, it is dead, it does not go to the members for a vote.

This procedure was followed and a policy change was approved by both the Board and members. Now, the Board wants to rescind their approval.

Our By-laws don't cover this and I am in a dilemma. Let's assume the Board announces its rescission at a meeting.

a few questions:

1. Would this automatically negate the motion passed by the Club? (Which I doubt)

2. If not, would a member have to bring a 'a motion to rescind something previously passed' in front of the members?

3. If the members do not vote to rescind the motion (even though the Board did), do we still have to live with it, even though our By-laws require Board approval.

This is a unique situation and our By-laws, etc., are silent on this .

Thank you, Fred

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This is a bit complicated.

Your bylaws can only be properly interpreted in their entirety, something that's beyond the scope of this forum. But if the general membership has the last word, then I'd say the general membership would have to rescind the motion (and the board would be out of the loop).

See also Official Interpretations 2006-12 and 2006-13.

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This is a bit complicated. We are a sport/social Club with an 8 member Board. There is a separate 6 person Lodge Committee, operating our ski lodge. Our By-laws specify that all (policy) decisions of the Lodge Committee must be approved by first the Club Board and then by the members. If the Board does not approve a change, it is dead, it does not go to the members for a vote.

This procedure was followed and a policy change was approved by both the Board and members. Now, the Board wants to rescind their approval.

Our By-laws don't cover this and I am in a dilemma. Let's assume the Board announces its rescission at a meeting.

a few questions:

1. Would this automatically negate the motion passed by the Club? (Which I doubt)

2. If not, would a member have to bring a 'a motion to rescind something previously passed' in front of the members?

3. If the members do not vote to rescind the motion (even though the Board did), do we still have to live with it, even though our By-laws require Board approval.

This is a unique situation and our By-laws, etc., are silent on this .

Thank you, Fred

RONR doesn't have an answer for you on this one, since you're dealing with a unique procedure established in your own bylaws.

Your organization will have to decide what its rules mean.

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So, then, perhaps some of us will learn not to repeat stacks of what what was already said; and some of us (probably some overlap of these groups) might simply refrain from criticizing this minor solecizm; and perhaps thereby we might immantize the eschaton.

(I don't think I made that reference in the last four or five years, which apparently only Mr Mt only caught that time, though I'm surprised that Mr Goldsworthy and Mr Honemann didn't jump at it.)

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