Comments on: Rescission of motions

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.

By: bill collier

bill collier — Mon, 08 Mar 2010 02:53:25 +0000

Can a local council bylaw overrule the right to common justice? ie

Can an executive officer of a council tell a councillor his notice to rescind is invalid , because the person involved was in the public gallery . And had received notice or it had been acted upon.
If this is right, the moment the motion was passed it would deny natural justice of appeal