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Richard Brown

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    New Orleans, LA

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  1. To whom and to which comment are you responding? That’s what the “quote” feature is for! So, help us out here: what was the voting “present” rule in Congress before February 9, 1890 and what is it now? What effect did it have on calculating the presence of a quorum then and what effect does it have on that now?
  2. The rules for amending your bylaws will almost always be found in the bylaws themselves. In the rare case where they are not, then you default to the Rules in RONR (provided that is your parliamentary authority). Mr. Katz correctly stated the default rule in RONR for amending bylaws when your own bylaws are silent.
  3. Bylaw provisions which are in the nature of a rule of order may be suspended, but this particular bylaw is not a rule of order, but is rather more in the nature of a qualification for holding office. Someone who has served two consecutive terms in office and has not yet been out of office for a year it’s not eligible or qualified to be elected again yet. Therefore, this provision is one that cannot be suspended.
  4. Like Mr. Martin, I was wondering if your bylaws or rules prohibit your chair from voting. I was also wondering why you don't follow the "small board rules" which permit the chair to participate pretty much just like all other members of small boards. Another question, though: Do your bylaws actually provide that a quorum is "50 percent" of the elected members of the board? That is rather unusual, as 50 percent is exactly half. A requirement of a MAJORITY of the members is much more common. A majority is defined by RONR as simply "more than half". Your quorum requirement can be whatever the membership wants it to be, though!
  5. Not through this forum, no. However, you can probably find credentialed parliamentarians in your area through the National Association of Parliamentarians (NAP) at parliamentarians.org or the American Institute of Parliamentarians (AIP) at aipparl.org. Both organizations have referral services. In addition, they (and especially the NAP, which is larger), can provide information on state associations and local units in your area. Through a state association or local unit, you may be able to find an experienced parliamentarian who will be willing to help with your bylaws.
  6. You answered your own question (which I have bolded) with the last sentence of your post: Such permission can be given by unanimous consent (4:58-63) or by means of a motion to Extend Limits of Debate (15), which requires a two-thirds vote without debate.
  7. Based on what you have told us so far, I have to agree. I am at a loss as to how exactly to respond to your original and follow up posts. I commend Mr. Martin for trying to make sense of it and giving you some guidance. I concur with his comments.
  8. I have a quibble with the proposed ballot example used by Mr. Novosielski. If a member nominated himself from the floor, then he is a candidate, and his name should normally appear on the ballot. He is not a write-in in candidate. However, I understand it is possible that ballots were prepared in advance. If that is the case, it seems to me that the members should be instructed to write that person‘s name in as an additional candidate. The members would then vote for up to four out of that group of five actual candidates. Edited to add: my answer is based on the assumption that the rules of the organization or the parliamentary authority provide for nominations from the floor, as RONR does. RONR requires that the floor be opened to nominations before voting, unless the organization’s own rules provide otherwise. If nominations from the floor are not permitted by the rules, then I agree that the member who nominated himself from the floor would not be considered an actual candidate in the usual sense of the word, but his name can be written in as a write-in candidate.
  9. I question whether you’re board has the authority to adopt “policies” of this sort. It really depends upon what authority and powers your bylaws grant to the board. Can you provide an exact verbatim quote of what the bylaws say about the powers and authority of the board? But will be a big help to us.
  10. I agree with Mr. Novosielski and with JJ. Based on what we have been told so far, I do not see any breach of confidentiality by the member in question sharing the contents of the letter and information about the charge or charges against him.
  11. I agree with Mr. Honemann. It seems to me that a point of order could be raised as to the provisions of adopted resolutions that conflict with the bylaws. That would enable the chair, if he agrees, to rule that the point of order is well taken and that the relevant provisions are null and void (or to rule that the point of order is not well taken if he disagrees). The ruling of the chair can, of course, be appealed to the assembly. It would require a majority vote to overturn the decision of the chair. The decision of the assembly is final. Any rulings, whether by the chair or the assembly, should be entered in the minutes.
  12. First, I agree completely with the response above by @Greg Goodwiller, PRP. However, I have a concern about your actual quorum provision, though. Do your bylaws actually state that the quorum is "50% plus 1"? Or do they state that the quorum is a "majority" of the membership? There is a difference. Contrary to popular opinion, a majority is not 50 percent plus one. Per the rules in RONR, a majority is defined simply as "more than half". That may or not amount to the same number as 50 percent plus one. For example: if you have 100 members, then both a majority and 50 percent plus one mean that 51 members must be present to constitute a quorum. But if you have 101 members, then a majority would still be 51 members needed for a quorum, but a requirement of 50 percent plus one would mean that you need 52 members for a quorum.
  13. Pursuant to the rules in RONR, yes. Proposed bylaw amendments are debatable (and amendable) just like most other motions. There are limits, however, as to the extent to which proposed bylaw amendments may be amended.
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