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J. J.

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Everything posted by J. J.

  1. 1. In theory, the rules could be suspended to permit the chair to entertain a motion submitted by letter. Someone would have to make the motion to suspend the rules to do that; another member would need to second it. It would require a 2/3 vote. 2. The chair could also ask for general consent to suspend the rules permit the chair to entertain a motion submitted by letter. A single objection would require the motion to formally adopted by a 2/3 vote. 3. The out of town member may send the motion to a member who will be at the meeting and can make the motion. Personally I'd suggest #3, which Richard has suggested.
  2. Authority to Un-appoint?

    I see nothing in the italicized text that would leave me to believe that the obligation needs to administered at a board meeting.
  3. Authority to Un-appoint?

    How will he be delayed in taking office?
  4. I do, with that caveat. It assumes that the board would have the authority to cancel this event.
  5. Adding to Dr. Stackpole's answer, action that the board takes outside of a meeting can be ratified at a meeting (pp. 124-5). Note that the board can only ratify some action that it had the authority to take.
  6. Authority to Un-appoint?

    Note that I used the term "office" and "officer." Being a member of a committee is different than holding an office. See pp. 653-4, in Chapter XX.
  7. Authority to Un-appoint?

    Generally, no. Once someone is named to an office, he can only be removed by the use of disciplinary action (Chapter XX) or in manner described in the bylaws.
  8. The motion died when the second meeting ended, though it could be renewed at a future meeting (p. 214, ll. 19-28). The minutes of meeting #1 should show that the motion was made and laid on the table (p. 469, ll. 22-25). that is all that is needed. Usually, there is no need to record what the assembly did not do.
  9. In the first case, "informational meetings" are not "business meetings" as such. The purpose is not to take substantive action, only to receive information. An agenda for such a meeting is totally improper. Unless your bylaws give you sole authority to impose an agenda, the assembly would have to adopt that agenda for it to be binding. Further, the majority could amend it, and completely replace it (see pp. 372-3). Any member could have proposed an agenda, but none did. That is a clear indication that there was no objection. The rules could have been suspended to permit debating that motion to divide. Since the act of debating that motion does not fall under any of the criteria for a breach of a continuing nature found on p. 251, it entirely too late to do anything about. A point of order would had to have been raised before debate had begun on the motion (pp. 250-51).
  10. While you cannot automatically ban them, if these individuals are disruptive, they can be removed from that meeting. See Chapter XX.
  11. Agreeing, I will add that any "provisions" must be placed in the bylaws, assuming that the position is created in the bylaws. Not only would a member have full rights, those rights could only be limited by a provision placed in the bylaws or due to disciplinary action.
  12. Visitor Kibitzing

    There was a description of this, and a rule drafted related to it, described in Guest Speakers and the “Ramona Rule”, Parliamentary Journal, January 2003.
  13. No. That motion would be in conflict with the current bylaws and therefor out of order.
  14. Recess

    I think the minutes should show when the assembly goes out of session and returns to session, e.g., "The assembly recessed from ______ to ______ ," even if the recess was created by the privileged motion to Recess. This seems to be covered on p. 470, 7). I agree with Mr. Brown that a main motion to hold a recess should be recorded.
  15. Special Election

    Does the society meet annually; when is the next meeting?
  16. Changing election procedure

    It would be possible to have the ballots cast at the meeting, and at a polling time afterward. I would note that the rules Bruce Lages cited would apply in that situation as well.
  17. Yes, if: A. this committee has a role in approving the bylaw amendment. B. The votes of these two effect the results.
  18. There can be other good reasons, especially if mail ballots are not authorized in the bylaws. I just think it would be easier to hold another election; that would solve this particular problem.
  19. Agree in part and dissent in part. The bylaw amendment, as proposed, would not "legitimize" the election. That said, there could be a bylaw amendment that would permit the result to stand. For example, an amendment that said, "The results of the election of the _____ Committee, as announced at the meeting of _________, shall be legitimate and shall not be questioned," or something similar. It would not be necessary to hold an election, in that case. I would think that, usually, this would be like using an elephant gun to kill a fly, but it could be done.
  20. Agreeing completely with Mr. Honemann, I would cite p. 589-590, # 4. "If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited."
  21. It technically would be "rescind" but "expel."
  22. Suspension of rules

    Since at least 1915, RONR has taken a 2/3 vote to suspend the rules, if the rule deals with the transaction of business in meetings or with the duties of the officers in that regard. These are called "special rules of order." I'm not certain if that is a direct quote, but you find the description of this on p. 17. A rule that relates to the administration of the society, is called a standing rule. If the rule has some function within the context of the meeting, it could suspended, during the meeting, by a majority vote (p. 18).
  23. MOTION OUT OF ORDER

    I think this point is key. If the member says, "I appeal the decision of the board in regard to ____," in the form of incidental motion to appeal, that motion would be out of order*. The decision of the board cannot be appealed. It could possibly be rescinded. There could be two questions. First, do the bylaws permit the assembly to rescind (or reverse) the board's disciplinary decision? Second, if yes, what would be the proper way to do it? *Unless the bylaws specifically permit this.
  24. Democracy and Morality

    I normally say, "I don't do legal." I don't do moral either. I think that the majority can make a decision that is immoral. Parliamentary law, however, deals with the process used to reach the decision.
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