Rescinding a Motion

[Guest KMC]

Recently, a resolution to rescind a motion made by the Board of Directors was about to be presented at the annual meeting for a delegate vote.

The proponent withdrew the resolution at the "suggestion" from the Board, who evidently argued that "passing it would have tied the hands of the directors to respond quickly to future unrelated situations and it was contrary (this is the Board's interpretation) to the bylaws regarding the responsibilities and powers of the BOD." (ie, this is not a hazmat response organization; rather an equine association whose Board members passed a motion last year that was beyond the scope and mission of the association - it is unclear what kind of "quick response" they would need to take on any issue.?)

My question is, did the proponent *have* to withdraw the resolution (which evidently would have passed easily - hence the concern by the Board) or could they have disregarded the "suggestion" by the Board and presented to the delegates anyway?

Thanks-

KMC

[hmtcastle]

My question is, did the proponent *have* to withdraw the resolution (which evidently would have passed easily - hence the concern by the Board) or could they have disregarded the "suggestion" by the Board and presented to the delegates anyway?

A suggestion is just that; a suggestion. It can be agreed to or disregarded. And any other member could have made that same motion.

[Tim Wynn]

My question is, did the proponent *have* to withdraw the resolution...

You never have to withdraw a motion. If the motion is out of order, the chair should rule so, and if he doesn't, any member can raise a point of order to that fact. If it's not out of order... why would it have to be withdrawn?

[hmtcastle]

If it's not out of order... why would it have to be withdrawn?

As I understand it, it was not withdrawn in the RONR sense because it was never made (the board convinced the member not to make it).

[Tim Wynn]

As I understand it, it was not withdrawn in the RONR sense because it was never made (the board convinced the member not to make it).

Oh... that's not what I was getting out of it, but either way, the board should keep its hands off the members' rights to make motions.

[Guest KMC]

Oh... that's not what I was getting out of it, but either way, the board should keep its hands off the members' rights to make motions.

Evidently, the BoD stated that they believed rescinding their original motion would "would have tied the hands of the directors to respond quickly to future unrelated situations."

(Again, their original motion was beyond the scope of the association's Mission statement, and this was why the resolution to rescind was written.)

I'm a little unsure how rescinding it would affect future 'quick responses' to anything. It was also mentioned that the BoD felt it would 'set a precendent' and perhaps was contrary to our bylaws regarding the responsibilities and powers of the BOD. (this is the interpretation by the BoD)

Frankly, the word is that this resolution to rescind would have passed with an overwhelming majority, but the BoD not wanting "a black eye" did some last moment maneuvering to convince the proponents to withdraw based on the above reasons.

That's why I was curious if it *had* to be withdrawn, or if the proponent could have insisted it go to the floor for a vote...

[Tim Wynn]

That's why I was curious if it *had* to be withdrawn, or if the proponent could have insisted it go to the floor for a vote...

There's no need for any insisting. The general membership is in charge of a general-membership meeting, not the board. When a member makes a motion and another seconds it, the chair must place the question before the assembly. The board has no authority in this regard.