to Rescind or Amend Something Previously Adopted

Cynthia Mayo, PRP and Craig Mayo, RP

Change is one constant we must live with to maintain continuing stability and a sense of balance . In organizations, decisions are made sometimes with careful research and thought . However, a sudden change in the environment, changes in laws, and change of members’ minds stimulate the need to Rescind or Amend Something Previously Adopted .

Provided that the course of action adopted at a previous meeting has not been completed, the action can be changed by making one of two motions: Rescind or Amend Something

Previously Adopted . Rescind is used when a member wishes to strike out an entire main motion, order, resolution, or rule that has been adopted at a previous meeting . 1, 2 On the other hand, Amend Something Previously Adopted means that only a part of the motion, or a different version of a specific part, needs to be changed . 3

What are the Rules and Steps to

Rescind or Amend Something

Previously Adopted?

While the changes effected by each motion are slightly different, both are two forms of one incidental main motion . 4 Both are processed by the same rules, according to RONR (12th ed) 35:2(1-8) . The rules follow and are listed based on the authors’ developed acronym: RS-DAVR which stands for:

1 . Recognition – Seek recognition by the chair to make the motion to Rescind or Amend Something

Previously Adopted . It is out of order when another member is speaking . However, notice of intent can be given, before the member begins to speak .

2 . Second – Once recognition is given and the member makes the motion, a second is required .

3 . Debatable – The presiding officer repeats the motion and calls for debate on the motion .

4 . Amendable – The motion is amendable by the process of primary and secondary motions .

5 . Voting – In an assembly, a two-thirds vote, majority with previous notice, or a vote of a majority of the entire membership is required . When the motion is applied to a constitution, or bylaws containing no provision relating to amendment, or special rules of order, (a) previous notice and a two-thirds vote or (b) a vote of a majority of the entire membership is required .

6 . Reconsider – Only a negative vote can be reconsidered .

other Factors to Know About Rescind and Amend Something Previously Adopted

In contrast to the motion to Reconsider, there is no time limit on making these motions after the adoption of measures to which they are applied, and they can be moved by any member, regardless of how the member voted on the original question . 5

These motions are not in order when: a . It has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider . b . Something has been done, as a result of the vote on the main motion, that is impossible to undo . c . A resignation has been acted upon, or a member has been elected to or expelled from membership or office, and the member was present or has been officially notified of the action . The only way to reverse an expulsion is to follow whatever procedure is prescribed by the bylaws . 6

Giving a notice

When no member is speaking, notice of the motions to Rescind or to Amend Something Previously Adopted may be given as follows:

MEMBER (obtaining the floor): “I give notice that at the next meeting, I will move to rescind the motion adopted on February 5, 2023, relating to funds that will be expended on ‘state of the art’ technology . ”

CHAIR: “Notice has been given that at the next meeting, the member will move to rescind the motion adopted on February 5, 2023, relating to funds that will be expended on technology . ”

The secretary records the notice in the minutes . 7

Having trouble remembering if the motion should be to Rescind or Amend Something Previously Adopted?

Remember:

If you wish to change the Entire Main Motion, Order, Resolution, or Rule, use CE-MOR.R (Change Entire Motion, Order, Resolution, or Rule – Rescind).

If you wish to change a Part of the Main Motion, Order, Resolution, or Rule, use CP-MOR.R (Change Part Motion, Order, Resolution, or Rule – Amend Something Previously Adopted).

in Summary

Change is constant, and organizations can change an entire motion or parts of a motion previously adopted by motions to Rescind or Amend Something Previously Adopted . Each requires a second, is debatable, and is amendable .

In an assembly, when applied to a constitution or bylaws, adoption of these motions is subject to requirements for amendment contained in the bylaws or constitution . When these motions are applied to a constitution or bylaws (with no provision made), or special rules of order, adoption requires a two-thirds vote with previous notice or a vote of a majority of the entire membership . Otherwise, adoption requires a majority vote with previous notice, two-thirds vote, or a vote of a majority of the entire membership .

Take the Short Quiz.

1 . To change or strike out an entire main motion, order, resolution, or rule that has been adopted at a previous meeting, the motion must be to .

2 . A motion to Amend Something Previously Adopted means that the member wishes to change or substitute a part of the main motion, order, resolution, or rule . True False

3 . To move to Rescind or to Amend Something Previously Adopted, recognition by the chair is not needed . True False

4 . Rescind or Amend Something Previously Adopted is: a . Amendable by privilege motions only . True False b . Debatable when not referring to bylaws . True False c . Can be reconsidered when it is an affirmative vote . True False

5 . When the motion to Rescind or Amend Something Previously Adopted involves matters other than the constitution, bylaws, or special rules, the vote required with notice is

6 . Scenario: A widespread practice of the Henrico Unit of Firefighters is to adopt all meeting agendas at the beginning of the meeting . The presiding officer issued printed agendas and asked members if there were additional items to be added . No one added any additional items and a member moved for the adoption of the agenda as presented . The agenda was adopted by unanimous consent . The program committee chairman was not present when the agenda was adopted but came 10 minutes after the meeting had started . He looked at the agenda and noticed that the report of the program committee was not on the agenda . He became upset because he needed program approval for the next business leadership forum . He raised his hand and when recognized told the president that his report needed to be given at the meeting today, but he did not see it listed on the adopted agenda .

Question: Explain what can be done, if anything, to allow the member to give the report; and if so, what motion and vote are required?

Answers on page 8.

Answers to Quiz

1 . . CE-MOR .R- Rescind

2 . . True

3 . . False

4 . . a . . False b False c False

5 Majority

6 The presiding officer can say without objection (unanimous consent), “The program report given by the chair will be added to the agenda under reports . .If there is no objection, the program report can be added to the agenda ”

If there is an objection, a motion is required The motion would be to Amend Something Previously Adopted . .It requires a second, is debatable, and requires a two-thirds vote NP

REFEREncES

1 RONR (12th ed ) 35: 1

2 Mayo, Cynthia, Booker, Margie Reconsider and Rescind: What Actions Needed? National Parliamentarian, Volume 81, No 4, Summer 2020, pp 8-11

3 RONR (12th ed ) 35:1-2

4 NAP Body of Knowledge, Domain Two (Motions) (NAP documents) .

5 RONR (12th ed .) 35:3

6 RONR (12th ed ) 35:6

7 RONR (12th ed ) 10:49-50 cynthia Mayo, PRP, is a past president of Virginia State Association of Parliamentarians (VSAP) She currently serves as District II Director . raig Mayo, RP, is a member of the M . .Stanley Ryan Unit Richmond, Virginia