janita

thanks to all! I don't know if it appears in RR but is it reasonable to assume that if the members can submit motions at the AGM that they can also ask questions of the President and Committee Chairs and speakers who attend? This has been our practice in the past but I have heard that some Board members may want to curtail questions from the membership by having only Board members ask questions of the speaker. I have always considered that an AGM in addition to electing the Board members, approving the financial statement and approving bylaw changes was also a accountability session.

The bylaw procedure to amend the bylaw states only that written notice must be provided to all members at least 14 days in advance of the AGM, that a 2/3 majority is required to amend the bylaw, and that in all matters not governed by the bylaw or other rules or regulations, Roberts Rules, current edition, shall govern. Also, there is nothing in the bylaw which deals with who is entitled to put forward motions at the AGM.

Two Issues: 1. Membership Period and Bylaw: Our community association is reviewing our bylaws. One of the changes being recommended to our AGM next week would allow residents of our community to sign up as members in September and remain a member for 15 months until the AGM in November. The current bylaws require members to sign up at the AGM and renew at the AGM the following year. This provision has been in our bylaws for many years mainly to ensure quorum in an community which has a lot of turnover. Quorum is 25% of the membership. If the recommended change is approved by the membership at the AGM and members don't show up at the AGM, we might not have quorum. This is particularly likely in November when show storms are frequent. Does RR have any suggestion to get around this problem. 2. Privileges for Members who are not Board Members or Committee Chairs: There is nothing in our bylaw which allows members who are not Board members or Committee Chairs to put forward motions at an AGM. Our practice has been that only Board recommends motions to the AGM. Since the AGM is the only opportunity for members to make a real difference, would it be appropriate to allow members to put forward motions at the AGM? And would it be appropriate for Board members to put forward motions at the AGM which do not have Board approval? Should rules on issue # 2 be in the Bylaw or could we deal with it in our policies?

Do abstentions count? If on a Board of 13 members, 3 vote in favour, 2 vote against and 8 abstain, is the motion carried? The by-laws of our Association state that "in all matters not governed by this By-Law or other rules or regulations of the Association, Robert's Rules of Order, current edition, shall govern". If abstentions don't count, are we allowed to change our by-laws so that they do (i.e. so that we would not need a majority of 7 to approve motions)? Or is this a fundamental democratic convention that we should respect? Our Association has a policy that allows for e-mail votes. The policy requires a majority of 7 to approve e-mail motions. Abstentions count -- so that 5 votes in favour and 8 abstentions would be a positive vote and carried.

All 12 of our community association board members have been invited to a meeting tonight at which they will be discussing a controversial subject of interest to our entire community. The members of the standing committee that would normally be making recommendations to the board on this issue have not been invited to attend. 3 experts have been invited. This is not being called a "board meeting". But the agenda indicates that a decision is required after discussion of some of the issues. Our by-law requires that all board meetings be open to the public. It looks to me as if the board members who attend tonight will be making a recommendation to the Board which meets in two weeks on this subject. Is this appropriate?

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The bylaws of our community association states that committees may be established by the Board and that the Board must approve the terms of reference of each committee. The bylaws also state that "committees are responsible for their own internal affairs, subject to direction as from time to time may be given by the Board." The practice for many years has been that the standing committees elect their own chairs. There has not to my recollection ever been a directive to any committee by the Board. Basically, the main function of the committees is to make recommendations to the Board related to their mandates on various civic issues (e.g. transportation and planning and development issues). For the past year or so, the Board has been confirming the committee chair appointments but none have been refused and the by-law has not been changed. The Chair of one of the Committees resigned last week. His resignation was accepted by the Board. A member of the Executive (membership secretary) has decreed that there can be no further meetings of the committee until the board appoints a new Chair. This was not a directive approved by the Board. Some members of the Committee have offered to take over as interim chair until the committee choses the next chair. Would it be appropriate for a committee member (several of us are also members of the Board) to call a meeting of the committee and appoint an interim chair until the next Board meeting in February. There are no rules in our by-laws about who can call a committee meeting though of course it's normally the Chair.

Is it appropriate for the President of an Association to also be the Chair or Co-Chair of one of the Standing Committees of the Association. In our Association, the Committees report to the Board and make recommendations to the Board. There is nothing in our by-laws on this subject.