Recinding a Previously approved motion....

Started by CindyT4 • 4 replies • 1507 views

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CindyT4 (Michigan)
Posts: 27

Posted:

Our BOD President is trying to amend the agenda of our First Board Meeting (June) where Officers were elected by motion and voted on by the 5 board members. He is trying to reassign the Treasurer's position to a different Board member. At our August meeting the President refused to present the June minutes for approval as they stood, thus making them official. This is because he had already sent out an email changing the officier positions and he knew he was being challenged on his authority to do so. Instead he said he needed to table the motion to approve the (June) minutes so he had time to look up Robert's Rules of Order. Trouble is today he is trying to do this via an email sent out by the PM that attaches the June minutes, states the suggested change and asks for approval from the members (via email) in order to cause the minutes to be approved with the change in officer assignments and, thus, official.

My understanding from Robert's Rules is that in order to change the original motion it would have to be recinded or nullified by vote and that a motion to Amend Something Previously Adopted would have to take place. Is it necessary to do this at a meeting, does it have to be placed on the agenda?

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By CindyT4 on 08/08/2012 2:45 PM
My understanding from Robert's Rules is that in order to change the original motion it would have to be recinded or nullified by vote and that a motion to Amend Something Previously Adopted would have to take place. Is it necessary to do this at a meeting, does it have to be placed on the agenda?

Yes and no.

Without notice (not being placed on the agenda prior to the meeting) such a motion requires a 2/3 majority to pass.

If the intended motion is placed on the agenda prior to the meeting, only a (simple) majority is required to pass.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Bruce is right.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I may be mistaken, but this seems to relate to a previous post of yours. Among the replies was Tim's. He correctly pointed out that the president cannot have the Board vote on something online or any other way without all unanimously directors approving the motion in writing.

In that thread, I believe that some or most of us said to get rid of the president--throw him out of office

Now the prez is trying a different sneaky angle. I agree with Bruce & Kelly, who state that any action taken to overturn a motion previous approved must occur at a meeting.

And I think you remaining directors should wonder why the PM seems to be supporting non-valid actions!

CindyT4 (Michigan)
Posts: 27

Posted:

Carol - Yes, it is the same ole, same ole subject...because I am not familiar with Robert's Rules I have to do research each time I am concerned that proper procedure is not being adhered to and needed some validation that my interpretation of the rules was correct...thus the additonal post.

Tim also pointed me to our Management Contract and stated that there should be a clause in it that required the PM to abide by and direct our Association according to our Bylaws. I reviewed our Management Contract and there is absolutely nothing in it that refers to their responsibility to abide by our Bylaws.

It is taking much persistance but I am making progress with the other Board members and with the Management. Mainly, the First Board Meeting has now been recognized as such. Although the rouge Prez is still trying to change the outcome of the meeting illegally, it is all out in the open and he is being challenged on his actions.

Thanks again for your input.

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