5.D. PRSR 07-12-2005 - Laserfiche WebLink

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in that case the "nos" prevail) and only at the meeting during which the original vote was taken, including any continuation of that meeting through [recess] [adjournment] to a tune and place certain. The motion cannot interrupt deliberation on a pending matter but is in order at any time before final adjournment q~ the meeting. Comment: According to RONR, this motion may be made at the same meeting as the vote being reconsidered or on the next legal day and may interrupt deliberation on another matter. To avoid placing a measure in limbo, these roles restrict the availability of the motion to the same meeting as the original vote, including any continuation of that meeting if it is recessed or adjourned to a time and place certain pursuant to Rule 2(c) and Rule 16(b), Motion 2. If a member wishes to reverse an action taken at a previous meeting, he or she generally may make a new motion having the opposite effect of the prior action. The motion to reconsider is pemtitted under these roles only when action on a pending matter concludes. Motion 16. To Rescind or Repeal. Theboard may vote to rescind actions it has previously taken or to repeal items that it has previously adapted. The motion is not in order if rescission or repeal of an action is forbidden by law. Comment: Each meeting of most small boards is in many respects a separate legal event. Unless prohibited by law, a boazd may at a subsequent meeting '4mdo" action taken at a previous meeting. This motion is in order only for those measures adopted by the board that may legally be repealed or rescinded. For example, it is not intended to suggest that the boazd may unilaterally rescind a binding contract. Motion 17. To Prevent Reintroduction for Six] Months. The motion shall be in order immediately following the defeat of a substantive motion and at no other time. The motion requires for adoption a vote equal to [a majority] [two-thirds] of the entire membership of the boazd. If adopted, the restriction imposed by the motion remains in effect for six months or until the next organizational meeting of the boazd, whichever occurs first. Comment: This is a "clincher" motion to prevent the same motion from being continually introduced when the subject has been thoroughly considered. There is no compazable motion in T.ONR, although Ute objection to consideration of a question accomplishes much the same purpose. Because this motion curtails a member's right to bring a matter before the boazd, a vote equal to either a majority or two-thirds, at the boazd's option, of the entire membership is required. See the Comment to Rule 16(b), Motion 5, for an illustration of how this requirement works. As with every other motion, a clincher motion may, in effect, be dissolved by a motion to suspend the rules [see Rule 16(b), Motion 5]. Six months is merely a suggested time; the boazd may shorten or lengthen the time as it sees fit. In order to give a new board a clean slate, the motion is not effective beyond the next organizatir-tal meeting of the board. Rule 17. Renewal of Motion A motion that is defeated may be renewed at any ]ater meeting unless a_motion to prevent reconsideration has b~enadopted. :.i Comment: As noted in the Comment to Rule 16(b), Motion 16, in North Carolina each meeting of