Parliamentary Procedure FAQ 6
What distinguishes a motion to reconsider from a motion to rescind?
A motion to reconsider and a motion to rescind are the most common methods for a governing body or a committee to review or reverse a
Parliamentary Procedure FAQ 6
What distinguishes a motion to reconsider from a motion to rescind?
A motion to reconsider and a motion to rescind are the most common methods for a governing body or a committee to review or reverse a prior action of the body or committee. Here are some of the more important differences that public officials should be aware of.
A motion to reconsider may be made to reconsider: a main motion; an affirmative vote to "postpone indefinitely"; amendment; referral to committee before the committee begins consideration of the referred matter; postponement to a specific time; the unexecuted portion of a decision to limit or extend debate; closing debate (previous question) before voting on the main question; and setting an adjourned meeting. A successful motion to reconsider brings back for further consideration the matter previously acted upon. In circumstances where the original motion entered the municipality into a contractual relationship, reconsideration which results in reversal of the earlier decision and violates the rights of the party contracting with the municipality must be avoided.
A motion to rescind may only be made to rescind a main motion -- i.e., a motion to adopt an ordinance, resolution, order or other legislative act of the body. Unlike a motion to reconsider, a motion to rescind will not bring a matter back for further consideration or debate if adopted. Instead, a successful motion to rescind simply nullifies the prior action. For this reason, a motion to rescind is not in order: if something has been done in response to the original motion that cannot be undone; if the original motion created a contract and the contracting party has been notified; if a resignation has been acted on and the person has been officially notified; a person has been appointed to or expelled from a position and they have been officially notified; or the action would result in the violation of a vested right.
Motions to reconsider and motions to rescind also have different timing requirements. A strict application of Robert's Rules requires that a motion to reconsider to be made on the same day the vote on the original motion was taken. However, a motion to reconsider, once made, can be debated and voted on at a later date. Many municipalities have adopted rules that allow a motion to reconsider to be made at the next meeting. A motion to rescind is not subject to any specific time limits. For example, the Wisconsin Supreme court has upheld rescission of a resolution nearly nine months after the resolution was enacted.
Finally, the person who may make a motion to reconsider or motion to rescind also differs. A motion to reconsider must be m