Comments on: Rescission of motions

By: Ray Steen

Ray Steen — Sun, 11 Dec 2011 07:16:48 +0000

Good afternoon
Our mens bowls recently held a special general meeting to merge with the ladies club. Motion “endorse the continuation of investigations into amalgamation of mens & ladies bowls clubs” Motion defeated. 44 members present out of 180.Do we have to have a recession of motion or may we move a new motion to amalgamate with ladies club? Members have required a revote on the issue.

Which of your books is suitable for our club?

Thank you.

Regards

Ray

By: Joanne Witchard

Joanne Witchard — Wed, 24 Aug 2011 08:07:04 +0000

Dose the people proposing and seconding the resision motion, have to be present at the special general meeting?

By: Shelley

Shelley — Wed, 04 May 2011 10:03:51 +0000

Hi,
Hoping you can help. A motion (not sure if it is actually a motion as the constitution was not changed) was passed barring dogs from our Golf Club at our AGM under general business. General business in itself suggests that no notice of motion was required to pass this ban. A lot of the members were not forewarned about this matter being raised and, in fact, were told it was not going to be raised at all. I would like to amend the motion to ban dogs from competition but still allow them on course during other hours. Can the Committe vote on this without calling an AGM and, if so, how do I go about changing this motion.

By: Shirley Knight

Shirley Knight — Fri, 25 Mar 2011 12:46:17 +0000

Dear David, If there has been a suspension which is carried for the purpose of information to be given to the new members in order for them to make a decision on a particular project and the full information was denied them is it correct that the board pass a motion without rescinding the suspenion to carry out the previous status quo before the suspension. This came about because one member was absent and status quo was able to win their motion to reverse the suspension. I apologise if this is not a comment. I have recently used your comments on rescission motions but the legal advice given that because the proponent was was absent another member could not move the rescission. There were no rules in place but another related body’s rules suggested that any other member may move the rescission motion. However the CEO said she had taken legal advice that the proponent must move the motion. In the event the rescission lapsed.
I am referring to a council where there are guidelines provided to Councillors to suggest the above action.

By: walktall

walktall — Wed, 09 Mar 2011 01:15:34 +0000

Technically yes. but if any action was taken as a result of the motion 18 years ago, then it is illogical to rescind the motion.
A new motion should be moved.
The absence of a constitution is not the issue at all.

I have written a full response as a post on the blog

By: Cameron Foster

Cameron Foster — Thu, 03 Feb 2011 22:53:27 +0000

My question is: “In the absence of a constitution, can a motion passed at an AGM be rescinded 18 years later by a committee meeting with a 100% vote?”

By: verna greensborough

verna greensborough — Tue, 30 Nov 2010 04:29:54 +0000

if a motion was put up to a agm not the way it was proposed and voted on what has to be done to rectify it.ex,! not read as 10-14 daywith the decision left to the organiser,printed in minutes as 2weeks instead of eight days, which was not the proposal do you recind or get it worded right way
verna

By: carole kjellgren

carole kjellgren — Sat, 21 Aug 2010 10:12:21 +0000

If a motion is moved at an AGM to change the way a competition is conducted is this motion seen as a recommendation to the incoming committee to discuss before the start of the new season and decide if the change is warranted for the good of the competition OR does it immediately become a by law for the new sporting season.

If a bylaw to change a competition is voted on and passed at one meeting. Then changes are made to the nomination form but it has not been released. Another general meeting is called in the course of getting ready for the new season and a person who was not at the previous meeting moves a motion to change the by-law passed at the previous meeting. Is the good meeting procedure?

By: jason

jason — Mon, 22 Mar 2010 03:55:52 +0000

in some cases, recission motions are not valid for a period of time after the substantive motion has passed (eg for the rest of the same meeting; for the remainder of the day; etc).
also, in some cases, a recission motion is not in order until a motion to reconsider the substantive motion has been proposed and carried.

By: The Master of Meetings - David Price

The Master of Meetings - David Price — Mon, 08 Mar 2010 03:11:23 +0000

Thankyou for your question Bill.
Rescission is always tricky in local government because there are so many local laws or rules or standing orders, some of which are illogical or not in keeping with “standard practice” regarding rescission.

So, my answer can only be general in nature since I don’t know the specific rules the council operates under.
If the executive officer of a council has said that a notice to rescind is invalid, then it is reasonable for you to ask under which rule or by-law or standing order he or she makes that ruling.

If the person involved was in the public gallery, that should make no difference but local government is full of strange rules.
You are quite right in your comment about denying a rescission motion as soon as a motion is passed. If action has already been taken, then the rescission is superfluous, but if the action resulting from the original motion has not been taken, then a rescission motion should be in order.

There was a time in some local government when rescission motions were not allowed. This is because the process was abused and every single decision had a rescission motion moved against it – this just stopped the whole council actually doing anything. Removing the right to rescind however was going too far the other way.

Rescission is always tricky in local government however because you can and do get people who give notice of rescission for every motion they opposed and that is not fair or reasonable in anyone’s view – except their own.