Chapter 12
Haven’t We Decided This Already? Motions That Bring a Question Again Before the Assembly
In This Chapter
Revisiting and changing previously made decisions
Removing motions from the hands of committees
Taking motions off the back burner
No matter what your group’s final vote is on a motion, sometimes you have second thoughts. In some cases, you want to revisit a decision made during a current meeting. Other times, you want (or need) to take a second look at something decided several months ago.
But although your group needs to be able to change or reverse its decisions, you don’t want to make the process too easy. After all, everyone would get very frustrated if one or two votes kept your group forever voting and revoting, going back and forth so that nothing ever really got settled.
Luckily, Robert’s Rules has a set of motions designed to let you revisit decisions without letting those revisits get out of hand. Throughout this chapter, I discuss the Motions That Bring a Question Again Before the Assembly (that’s a mouthful!) and explore how to use them to reexamine decisions in an efficient and orderly way.
Been There, Done That!
Among all the rules in Robert’s Rules, few are more important than rules that prevent somebody from incessantly requiring your group to vote over and over on essentially the same motion.
Imagine how little you’d ever get done if, right after you spent an hour discussing your organization’s budget and voted to adopt it, Ms. Maxie Jawbone (who tried to second-guess the finance committee on every third line item) made a motion that the budget be opened back up for discussion and required you to take your time going over every second line item this time around.
Or suppose you’ve just voted to refer a motion to reroof the clubhouse to committee to get bids and report recommendations back in two months. After all is settled, a member remembers that his cousin is a roofer, and the member wants to make a motion to just let his cousin go ahead and fix the roof next weekend (because he needs the work and is available). If members could get away with making motions that require you to rehash a decision you just made, you’d never get anything done.
These examples illustrate the need for a couple of basic principles of parliamentary law aimed to keep the minority from controlling matters by wearing down the majority:
After you’ve disposed of a motion (Motion A), it’s not in order to entertain another motion (Motion B) that proposes essentially the same question as the one already decided (Motion A) unless you’re using one of the procedures I discuss in this chapter.
Changing something that the assembly has already decided shouldn’t be as easy as making the decision in the first place. Depending on the situation, Robert’s Rules places restrictions on who can ask that a decision be revoted on in the same meeting, and the parliamentary authority requires a higher vote, a notice, or maybe both a higher vote and a notice for motions revisited in later meetings.
Whatever the situation, most of the time when you decide something, you’ve done all the talking you need to do and you’re ready to move on. But that’s not always the case.
Later in a meeting, new information may come up that affects a decision your group has already made. Or something may change over time, and old procedures just no longer work.
Robert’s Rules gives you a way to revisit the questions and change your collective mind. General Robert was an engineer, and he wisely provided a means for your group to dig itself out of a hole without getting too muddy in the process. Whatever the situation, you can find the right tool in the Motions That Bring a Question Again Before the Assembly. These motions are as follows:
Reconsider
Rescind or Amend Something Previously Adopted
Discharge a Committee
Take from the Table
Table 12-1 provides a short rundown of situations in which you use these motions.
Table 12-1 When to Use the Motions That Bring a Question Again Before the Assembly
If You Want To . . . |
Then Use . . . |
Revote on something you voted on in this meeting |
Reconsider |
Repeal (or strike out) a motion that has been adopted |
Rescind Something Previously Adopted |
Make a change to (or amend) a motion that has been adopted |
Amend Something Previously Adopted |
Take a referred motion out of the hands of a committee |
Discharge a Committee |
Resume considering a motion you laid on the table |
Take from the Table |
I discuss each of these motions in detail in the following sections of this chapter.
Wait, I’m Having Second Thoughts: Reconsidering
You’ve probably been in a meeting in which the group voted and disposed of a motion, but even though you voted the way of the majority, that little voice inside started nagging at you. Maybe the group made the decision without enough information, or perhaps it just didn’t think it out. The group may have made the decision because it was just in too much of a hurry. Whatever the reason, you realize that it’s a good idea for the group to take a second look at that motion.
If you voted on the prevailing side in a case like this, you can ask the group to revisit the same motion in the same meeting by making the motion to Reconsider. If the majority agrees to discuss the original motion some more, it adopts the motion to reconsider. At the appropriate time, you can open the floor for debate on the original motion as if the group had never voted on the issue.
Understanding Reconsider as a parliamentary term
All the motions in the class of motions that bring a question again before the assembly assist your group in revisiting previously considered motions. For this reason, you may find that members talk about reconsidering a motion when they really want to rescind or amend something previously adopted. Or they may just want to renew a motion that failed in an earlier meeting (or that didn’t get a second in the current meeting). Using the word reconsider in a generic sense in a parliamentary situation can cause problems.
The motion to Reconsider poses the question, “Shall we give further consideration to a motion already voted on?” The motion is subject to some unique limitations:
It must be made on the same day as the meeting in which the motion to be reconsidered was decided (or on the next day business is conducted, if the session is more than one day).
It must be made by a person who voted on the prevailing side of the motion to be reconsidered.
Using the motion to Reconsider
Suppose your business networking group voted earlier in your meeting to bestow its coveted Silver Tongue Award on Farley Motormouth, the local radio announcer known as the Voice of the Hometown Niners, your city’s minor-league baseball team. What an honor! You were among the rather large majority who voted in favor of giving the award to Motormouth.
Then, during a short recess in the meeting, Charlie Frumpdiddle hands you the evening paper. There on the front page is a photo of ol’ Farley being hauled out of the baseball stadium in handcuffs. He’s accused of saying something nice about the Swamp City Puddle Jumpers, the archrival of the Hometown Niners.
You like Farley, and he may be a fine guy, but if he says something nice about those no-good Puddle Jumpers from across the county line, he’s not gonna get that award if you have anything to say about it.
When the meeting reconvenes after the recess and the president starts to recognize the next speaker on whatever business is pending, you take the first opportunity available to stand up and get recognized by the chair. You say, “Mr. President, I voted with the prevailing side for the motion to give the Silver Tongue Award to Farley Motormouth, and I move to reconsider the vote taken earlier this evening.” Of course, your friend Charlie Frumpdiddle hardly misses a beat when he calls out, “Second!”
Knowing the rules, the chair says, “The motion to reconsider the vote awarding Farley Motormouth the Silver Tongue Award has been made and seconded. Discussion on the motion to Reconsider isn’t in order at this time, but the motion to Reconsider can be called up when no other business is pending.” So he doesn’t ask the members to vote on whether to reconsider just yet. Instead, he proceeds with the pending business. Later, when nothing else is pending, you or someone else can call up the motion to Reconsider.
Generally, the reconsideration has to take place in the current session or the next session, unless the next session isn’t going to occur within a quarterly time interval. In that case, it has to be completed by the end of the current session, or the motion to be reconsidered goes into full effect as adopted.
Waiting for the right time to reconsider
Calling up the motion to Reconsider
Your motion to Reconsider is called up by any member at any appropriate time (and doesn’t need to be seconded) by saying, “Mr. Chairman, I call up the motion to reconsider the vote on bestowing the Silver Tongue Award on Farley Motormouth.”
Whenever the motion to Reconsider is called up, however, that’s when you have the chance to speak about Farley’s indiscretion and why you made the motion to reconsider. But you need to be prepared for the possibility that other members may want to leave the matter as it is and, therefore, may argue against reconsideration.
Even so, the point to recognize here is that the purpose of the motion to Reconsider is to decide whether to reopen the question on giving the Silver Tongue Award to Farley. You’re discussing whether to open the question, but discussion can also go into the merits of giving the award to Farley.
Knowing when not to use “reconsider”
As you see in this section, a motion to reconsider a vote is a motion limited in both the time it can be made and the person who can make it. But even when the motion to Reconsider isn’t in order, there’s no reason you can’t revisit a motion, passed or not, at your next (or any future) meeting.
Renewing a motion
Robert’s Rules refers to this procedure as “renewing” a motion. According to the General, any member can offer again a motion that failed in an earlier meeting. In fact, if a motion is made at any meeting and doesn’t get a second, it can even be renewed at that very same meeting.
Rescinding or amending something previously adopted
This procedure has its own section in this chapter (coming up), but I mention it here because it’s the way you deal with undoing or changing something you’ve already done (usually at a previous meeting).
Avoiding reconsideration when it’s not in order
The motion to Reconsider is out of order when the motion to which it is applied can be renewed or when the desired result can be achieved with some other, less complicated parliamentary motion.
It’s also out of order if it’s applied to a negative vote on some motion that would at the time be out of order because it conflicts with something already adopted, or would conflict with any other motion that is pending or temporarily disposed of and still under the assembly’s control.
Of course, if a motion has been adopted and any part of the motion’s provisions has been executed, it’s too late to reconsider the vote.
Most of the time, your group can save a lot of time if members use the right motion instead of thinking of every second look at something as being a “reconsideration.”
Using a special form of Reconsider: Reconsider and enter on the minutes
Suppose a motion is made in a meeting in which the group in attendance isn’t at all representative of the usual attendance. Maybe you’re near the end of the meeting, and several members have left. You still have a quorum, but the usual minority is now in the majority. Your favorite malcontent, Hugo Chump, moves to direct the treasurer to transfer the group’s funds to his investment brokerage company. You, along with the few good members who know better, are appalled, but you don’t have the votes to stop Hugo’s motion. What do you do?
By using the motion to Reconsider and Enter on the Minutes, you can prevent Hugo’s motion (if it’s adopted) from being put into effect until the more representative membership is again present to make a final decision.
As with the basic motion to Reconsider, you need to have voted on the prevailing side to make the motion to Reconsider and Enter on the Minutes, so you may have to hold your nose and cast your vote in favor of Hugo’s motion. And you still need a second. But after you make this motion, the action to transfer the money is on hold, and the other members have a chance to be informed of the issue so they can arrange to attend the next meeting. At that meeting, you can call up the motion to reconsider and hopefully undo Hugo’s little shenanigan.
In a few departures from the usual rules for Reconsider, the motion to Reconsider and Enter on the Minutes
Can be moved only on the same day on which the motion to be reconsidered was voted upon
Outranks the regular motion to Reconsider
Can be applied only to motions finally disposed of, such as motions that are adopted, that failed, or that are postponed indefinitely (see Chapter 9)
Can’t be applied to a motion if the object of the motion would be harmed by the delay of a day (for example, a motion to hire a limousine to pick up the guest speaker at the airport tomorrow morning)
Can’t be moved at the last meeting of a session if the next business meeting won’t be held within a quarterly time interval (see Appendix A)
Can’t be called up on the day the motion’s made, unless it’s made on the last day of a session and called up at a later meeting on that same day
More considerations on the motion to Reconsider
You need to know a few more details to properly use the motion to Reconsider:
Applicability to motions originally adopted by unanimous consent: If the motion you want to reconsider was adopted by unanimous consent, anybody can move to reconsider it because of a presumption that all the members were on the prevailing side.
Suspension of action authorized by a motion to be reconsidered: As long as a motion to Reconsider is made, even if it hasn’t been called up and acted on, it suspends any authority to carry out the action ordered by the motion to be reconsidered.
Rules for debate on a motion being reconsidered: Debate on a motion being reconsidered is subject to the following rules:
• If reconsideration of a motion is taken up on the same day, members who used all their debate time when the original motion was considered can’t debate without permission of the group. (But because they can debate twice on the motion to Reconsider, they will probably have had their say anyway!)
• If reconsideration of a motion is taken up on the next day (or in the next meeting when Reconsider and Enter on the Minutes has been adopted), a member’s right to debate isn’t affected by his participation in previous debate.
Using the motion to Reconsider in committees: A motion to Reconsider, when used in a committee
• Isn’t subject to the usual time limitations. It can be made at any time, even several days or weeks later. A motion also can be reconsidered as often as the committee chooses.
• Can be moved by any member who didn’t vote on the losing side.
• Requires a two-thirds vote to adopt unless all the members who voted on the prevailing side are present or were notified that the motion to Reconsider would be made.
Identifying six key characteristics of the motion to Reconsider
The motion to Reconsider
Can’t interrupt a speaker who has the floor and has begun to speak, but is in order until that time (it is in order to make a motion to Reconsider when other business is pending, but dealing with the motion can’t interrupt pending business — that part of the process must wait until nothing else is pending)
Must be seconded
Is debatable if the motion to be reconsidered is debatable
Can’t be amended
Requires a majority vote
Can’t be reconsidered
Should We Really Have Done That? Rescinding or Amending Something Previously Adopted
Nothing is forever, and that saying is especially true in the world of clubs and organizations. Last year’s good idea can turn into this year’s problem. But thanks to General Robert’s wisdom and foresight, you always have a way out!
Using the motion to Rescind or to Amend Something Previously Adopted, you can undo or change any decision your group made in the past.
The motion to Rescind (or repeal or annul) is used to cancel a motion altogether.
The motion to Amend Something Previously Adopted is used to make a change to a motion either by making a simple change or two or by substituting something else in its place.
Using the motion to Rescind or to Amend Something Previously Adopted
Motions to Rescind or to Amend Something Previously Adopted are more common than you may think. More often than not, they’re used to make policy changes. After all, policy is adopted by motion and vote, so if you want to change the policy or vacate it, you need to do so by motion and vote. When using the motions to Rescind or Amend, keep these points in mind:
The vote required, which is determined by whether there has been previous notice of the motion
Whether any proposed amendments are within the scope of your notice
Vote requirements
Three possible variations of vote requirements allow you to rescind or amend something previously adopted:
Two-thirds vote without previous notice: Suppose your organization adopts a budget proposed by the finance committee, which provided for an increase in the salary of your executive director. Then later, when new business is being considered, Ernest Pennypincher proposes to roll back all spending to last year’s budget amounts. Because this motion would have the effect of rescinding the budget just adopted, it requires a two-thirds vote.
Majority vote with previous notice: But what if, instead of making the motion during this meeting, Ernie just gives notice that he will make the motion at the next meeting? Well, when the motion comes up at that later meeting, it can be adopted by a majority vote.
The switch from a two-thirds to a majority vote may make a big difference because it could be easier to get a majority vote than to get a two-thirds vote. The equalizer is the requirement for notice. Because both sides of an issue have the chance to rally their troops and campaign for the result they want, the factor of previous notice reduces the requirement for a two-thirds vote.
Majority of the entire membership: In a situation in which there’s no notice, a motion to Rescind or to Amend Something Previously Adopted can be adopted if it receives the affirmative vote of a majority of the entire membership.
You may be thinking that receiving this type of vote is an impossible requirement anyway, so what good is this last option? After all, you’ve probably never even had a majority of the entire membership attend a single meeting at the same time anyway. But consider the option’s application in a small board. Suppose that you have a board of 15 members, and 13 are present at your meeting. If all 13 vote, a two-thirds vote requires 9 votes, but a majority of the entire membership is only 8. So sometimes it’s easier to achieve a majority of the entire membership than it is to get a two-thirds vote.
Scope of notice
Suppose that your group decides to raise the amount of annual dues (which, in this example, isn’t fixed in your bylaws, but rather is decided from time to time by the membership). To keep from having to meet a two-thirds vote requirement, you gave previous notice at the last meeting (or in the call to the meeting) that this meeting would see a motion to raise the dues to $50 per year (up from $35).
When you gave the notice to make a motion to raise dues to $50, your notice covered any increase you may actually wind up with, up to $50. Any number over $35 and up to $50 is said to be within the scope of the notice and can be adopted by a majority vote because notice was given to raise dues to $50. But raising the dues any higher than $50 (or lowering them below $35) doesn’t qualify as being within the scope of notice. So you need a two-thirds vote to change the dues to some amount less than $35 or greater than $50.
Knowing what motions you can’t rescind or amend
Motions subject to the motion to Reconsider: Calling to rescind or amend is unnecessary if you can simply call up the motion to Reconsider, which has been previously moved.
Motions that have already been carried out and that cannot be undone: If you voted to repaint the church, it’s too late to rescind the motion after the church has been repainted.
Motions that have been adopted to accept resignations or actions electing or expelling a person from membership or office (if the member is present or has been notified): After a resignation has been accepted or a membership terminated by expulsion, the resigning or expelled person can be reinstated only by following the procedures for membership admission or election to office. Rescinding an election requires either a provision in the bylaws or specific procedures for removal from office, which I cover in Chapter 18.
Identifying six key characteristics of the motion to Rescind or to Amend Something Previously Adopted
A motion to Rescind or to Amend Something Previously Adopted
Can’t interrupt a speaker who has the floor.
Must be seconded.
Is debatable.
Can be amended. If the proposed amendment is to change the motion to rescind to one of amend something previously adopted (or vice versa), you must propose the change by offering a primary amendment to substitute the preferred form for the other.
Requires a two-thirds vote without notice, a majority vote with notice, or a majority of the entire membership with no notice.
Can be reconsidered if it fails.
Okay, We’ll Take It from Here: Discharging a Committee
After your group refers a matter to a committee, the matter is no longer in the hands of the group, but rather is under the committee’s control. According to Robert’s Rules, it’s not in order for your group to act on business that’s currently in the hands of a committee.
But sometimes the group needs to take charge again. The motion to Discharge a Committee is the way to bring the motion back to the assembly for further action.
Using the motion to Discharge a Committee
The motion to Discharge a Committee is used in two general situations:
When the committee to which a motion has been referred has failed to report as instructed or in a timely manner
When the matter referred to the committee needs immediate action by the entire group
In both situations, the motion to Discharge a Committee requires a two-thirds vote. (According to Robert’s Rules, this motion is generally considered to be a form of the motion to Rescind or to Amend Something Previously Adopted. See the section “Should We Really Have Done That? Rescinding or Amending Something Previously Adopted,” earlier in this chapter.)
Depending on whether you’re dealing with a special committee or a standing committee (see Chapter 16), you make the motion to Discharge a Committee by using the following forms:
Special committee: “Madam Chairman, I move that the special committee to plan a spring picnic be discharged.”
Standing committee: “Madam Chairman, I move that the meeting arrangements committee be discharged from further consideration of the proposed conference in July.”
In placing the motion before your group, your presiding officer takes a rising vote because the motion requires a two-thirds vote for adoption. However, if notice has been given, only a majority vote is necessary to discharge the committee. If the motion passes and the committee is discharged, the chair immediately places the referred motion on the floor by saying, “There being two-thirds in the affirmative, the committee is discharged. The question is on the motion to have a club picnic this spring. The committee reports that it has secured the clubhouse at Lakewood Acres park for June 7. Those in favor, say ‘Aye.’ Those opposed, say ‘No.’”
Identifying six key characteristics of the motion to Discharge a Committee
A motion to Discharge a Committee
Can’t interrupt a speaker who has the floor
Must be seconded
Is debatable
Can be amended
Requires a two-thirds vote without notice, a majority vote with notice, or a majority of the entire membership with no notice (Exception: A committee can be discharged by a majority vote without notice if the committee has failed to report by the time required in its instructions, or whenever the assembly is considering its partial report)
Can be reconsidered if it fails
What’s That We Left on the Table? Taking from the Table
In Chapter 9, I discuss the motion to Lay on the Table, the highest-ranking subsidiary motion. This motion is used to temporarily set aside a pending main motion, permitting something else to be addressed or done.
In most cases, the “something else” carries a sense of urgency, such as the need to allow your guest speaker to address your group at a particular time without compromising his schedule. However, whatever the reason for placing something on the table, after the more urgent matter has been attended to, it’s in order to take the motion from the table and resume consideration of it at the point where you left off. But taking the motion from the table requires a motion and a second; otherwise, the chair may properly advance to the next item of business.
If no motion to Take from the Table is made, or if the chair doesn’t assume the motion and obtain unanimous consent to resume where you left off, you can still move to take from the table any item that lies on the table. The only requirement is that you make the motion by the end of the next regular business session of your group (unless you meet less frequently than quarterly, in which case you must make [renew] the motion before that meeting adjourns).
Using the motion to Take from the Table
Suppose you’re in a meeting of your professional association, which is considering a resolution to take a position in support of increasing statutory continuing education requirements being considered by your state legislature. Your group’s debate has been heated and has gone on longer than you anticipated, and your guest speaker is running on a tight schedule. You aren’t finished with the debate on the motion, but you need to let your speaker make her presentation. So you adopt the motion to Lay on the Table the question on the resolution.
Making the motion
The speaker concludes her presentation, and the president announces the next item of business on the agenda. If you’re ready to get back to work on that continuing education resolution, rise and say, “Mr. Chairman, I rise to move to take from the table the resolution on continuing professional education.”
It is in order, and remains in order, to move to Take from the Table as long as you haven’t yet moved on to a new class of business, such as going from “unfinished business” into “new business.” But if you wait too long and have moved on from the class of business that gave rise to the motion, you can take the resolution from the table only at the appropriate time in the next business meeting, or by moving to Suspend the Rules and Take from the Table (see Chapter 11 for information on this incidental motion) to take something out of its proper order.
Obtaining recognition
Because this motion to Take from the Table enables the assembly to resume consideration of an undecided question, and because time limits on its use are in place, whoever rises to offer the motion is entitled to preference in recognition by the chair.
You can claim preference for recognition to make the motion to Take from the Table. You can seek recognition at any time until the chair states the question on another item of business.
Understanding when you can’t take from the table
It’s generally in order to move to take a motion from the table just about any time motions in the same class are in order. But if a series of motions needs to be handled, the motion to Take from the Table can’t be made. This situation may occur in these cases:
When you’ve voted to suspend the rules to allow the introduction of another main motion
When a motion has just been laid on the table expressly to allow consideration of another motion
When your group has rescinded a previous motion to allow a conflicting motion to be made and considered
When a main motion has been voted down because a member said that if it was voted down, he’d offer a particular motion to handle an issue in a better or more acceptable way
Identifying six key characteristics of the motion to Take from the Table
A motion to Take from the Table
Can’t interrupt a speaker who has the floor
Must be seconded
Isn’t debatable
Can’t be amended
Requires a majority vote
Can’t be reconsidered