Guest michael turman Posted December 28, 2010 at 12:25 AM Report Share Posted December 28, 2010 at 12:25 AM A motion is brought before the assembly and voted upon...The President erroneously states the results (stating the motion passed) and receives no objections. The President than acts upon the motion by signing a contract. A member of the assembly the next day requests that that the vote be nullified and retaken at the next meeting. The question is, does this constitute a binding motion if it was not questionned during the meeting. What is the member's recourse in such instance. Link to comment Share on other sites More sharing options...
Rob Elsman Posted December 28, 2010 at 12:56 AM Report Share Posted December 28, 2010 at 12:56 AM A motion is brought before the assembly and voted upon...The President erroneously states the results (stating the motion passed) and receives no objections. The President than acts upon the motion by signing a contract. A member of the assembly the next day requests that that the vote be nullified and retaken at the next meeting. The question is, does this constitute a binding motion if it was not questionned during the meeting. What is the member's recourse in such instance.Can you tell me a little more about the error? Link to comment Share on other sites More sharing options...
Larry Cisar Posted December 28, 2010 at 01:04 AM Report Share Posted December 28, 2010 at 01:04 AM A motion is brought before the assembly and voted upon...The President erroneously states the results (stating the motion passed) and receives no objections. The President than acts upon the motion by signing a contract. A member of the assembly the next day requests that that the vote be nullified and retaken at the next meeting. The question is, does this constitute a binding motion if it was not questionned during the meeting. What is the member's recourse in such instance.Too late. A point of order needed to be made at the time the error occurred. Now that the contract has been signed, it is to late to undue the action. Page 297, lines 32-35. Link to comment Share on other sites More sharing options...
Josh Martin Posted December 31, 2010 at 08:14 AM Report Share Posted December 31, 2010 at 08:14 AM The question is, does this constitute a binding motion if it was not questionned during the meeting.The motion is binding. The member's request is out of order.What is the member's recourse in such instance.So far as RONR is concerned, the member could seek to Rescind or Amend the motion, but since this involves a contract, what options are available is really a legal question. Link to comment Share on other sites More sharing options...
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