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Found 90 results

  1. Hello, if an organization had a vote and the following discrepancies took place: 1. the ballot was presented incorrectly, 2. the instructions for voting were not explained correctly, 3. the number of voting members was misrepresented for a 2/3 vote, 4. the results were announced without the opportunity for discussion, and 5. the president adjourned the meeting without asking for discussion.........is there something in Roberts Rules that justifies a recall vote?
  2. Greetings ... I am part of an organization that in our By-Laws has the following Articles: "Article II - Board of Directors and Duties .... 1. The Board of Directors (BOD) of this association shall be the President, Vice President, Commissioner, Secretary, Treasurer, Director of Marketing, and Assignment Officer. " ... so there are 7 positions on the board. "Article III - Board of Directors ... 1. General Powers and Duties ... c. The BOD may remove any of its BOD members for cause, by 2/3 majority vote of the BOD" My question is this ... If a board member resigns prior to a vote taken under Article III, and their seat on the BOD is unoccupied at the time of a vote, does 2/3 mean four out of 6 (.667) ? Or does the seat still count and the vote must be 5/7 (.714) in order to reach the 2/3 (.667 ) majority vote level? Also, does is matter if only five out of the seven board members are at the meeting when this takes place? Seems to me that the BOD is defined as seven positions, not 7 people, and that if a 2/3'rds vote is required to enact something, 4/7 (.571) votes is not enough to enact or meet the 2/3rds requirement? Even if the whole board is not in attendance at the meeting? The rest of my BOD does not agree with me, hence the question here. Thank You very much in advance for any thoughts or direction you may provide. Feel free to ask for clarification on anything if I haven't described the situation well enough. Thanks again.
  3. We have been told that any motion requiring a vote MUST be done under new business such as accepting the minutes and financial report of the previous meeting. In the past our agenda was: 1. Call to order, salute the flag and prayer. 2. Acknowledge visitors. 3. Present minutes of the previous meeting and motion on the same. 4. Present financial report of the previous month and motion on the same. Now we have items 3 and 4 under new business. Is the way we were doing it in the past not correct according to Robert's Rules of Order? Thank you for any and all information. Dan
  4. Our officer election meeting is next month. We offer absentee ballots for this election. In the event of a tie vote for any of the positions, we will vote again that night. Do we include the absentee ballots for any additional vote taken or are they null after the initial vote? Our by laws do not yet address this.
  5. Per our by laws, we nominate eligible members for the executive committee positions this month and vote next. If a member was nominated for a position, but verbally declines the nomination to the membership, can that person still be a write in vote?
  6. Our Board of Directors usually has meetings every two months, but our bylaws allow mail votes without meeting. When if ever do such votes need to be recorded in meeting minutes?
  7. Our board agenda is distributed one to two days before each meeting. Can an item be introduced, debated, and voted upon without being on the agenda?
  8. Our Council considered the appointment of an individual to a community board last evening. There were three nominees of which the votes cast were: Nominee 1 - 4 votes; Nominee 2 - 3 votes; and Nominee 3 - 1 vote. The Council membership is 9 members of which one member was absent. My question is: Would the nominee who received four votes be the appointed to the community board? There are some questions as to whether the individual was required to receive a majority of the votes cast by the attending/present members (i.e., 5 votes). (Total Council members present and voting: 8) We follow the provisions of Robert Rules of Order and our Home Rule Charter provides that "A motion must receive the approval of a majority of those present and voting for passage. I could not find any discussion which relates to our scenario and would appreciate any comments regarding this matter."
  9. The Bylaws of our organization specify the President is to be an ex-officio member of all committees except the nomination and oversite committees. The recently elected President (term more than one year) insists she be notified of all committee agendas and meetings be scheduled at times which make it possible for her to attend. She has been in attendance at a number of committees and dominated the proceeding to such an extent members of more than one group have requested the Bylaws Committee frame an amendment stating ex- officio members serve without vote. As a member of the Bylaws Committee i am somewhat reluctant to go forth with this and question whether the action would be appropriate and legitimate. Any help with this would be greatly appreciated
  10. Can a member call for a division of the assembly up until the result of the vote is announced (step 3 in announcing the result) or until the next item is stated by the chair?
  11. Our organization has a bylaws requirement for the NomCom's report to be published to the voting members prior to the annual meeting. Specifically, the bylaws state: "The director shall submit the nominating committee report to the members of the district council at least four weeks prior to the annual meeting." For the first time in our 50+ year history, this notice requirement was not met. I understand from previous posts that the prevailing wisdom on this scenario is that the "report" of the NomCom is "invalidated" at the annual meeting. My naive conceptualization of a NomCom report is that it is functionally consists of two parts: a] an informational report consisting of summary of the committee's work and 'recommendations' (e.g. nominations) much like any report and b] an implied incidental main motion to actually place the slate into nomination (I theorize that it is implied because the report affects this outcome despite no explicit motion being made). Questions: Is this a correct understanding? If so, should not the 'invalidation' only apply to the implied motion and not the whole report? (i.e. the report can be given but the committee cannot place names into nomination) If not, how can a procedural provision of the bylaws silence the work of a whole committee who has correctly executed their duty? Speaking of procedural provisions... would this notice requirement be exempt from being overridden by suspending the rules? What has been proposed is to have the NomCom report that they nominated X, Y, Z candidates but that the lack of notice prevents these people from being nominated by the committee and, thus, they are merely recommendations. (Our election protocol includes a section that requires the NomCom Chair's report to include the oral reading of each office and each candidate(s).) Then, we would proceed with taking nominations from the floor - including those people who would otherwise have been nominated by the committee. Does this make sense? Any other thoughts, input, or ideas? I, as relatively new parliamentarian, will likely have to help the Chair with many questions from an unhappy crowd. I'd like to be fully prepared as well as having an easily understandable explanation for a membership not versed in parli pro. Thanks, in advance, for any thoughts, advice, and help.
  12. Mr.

    Is it legal and/or proper for one board member to vote down a current resolution for the sole, stated purpose of their displeasure of a previous, totally unrelated resolution? In this case, the second resolution needed to pass by unanimous vote.
  13. Is a vote required for an office when there is only one person nominated who has been nominated and seconded?
  14. Ms.

    Our President has sent out a proposed bylaw change and given the required 30-day notice. In the proposed change, there is a clause that states that to be eligible to serve on the Executive Board you must have been a member for at least a year. I know that at our upcoming meeting when a vote is to be taken that one member is going to propose an amendment that will include additional wording along the lines of "unless no member who has been a member for at least a year is able and willing to serve." Or some wording just to give an out in the unlikely event that this would happen. My question is: does that wording change require another 30 days notice and therefore voting would be pushed back to our next meeting? Or can we vote on the amended motion at the meeting when the amendment is proposed and accepted?
  15. I am the Secretary-Treasurer of a conservation club. At last night's meeting, some of the board members said, that I as secretary do not have a vote. For the last four years, I have made motions and seconds and voted. Now out of the blue they say that I can't. They also said that the previous Secretary-Treasurer did not vote, but I did a search of the minutes and found where he made motions and seconded many other motions over a 10-year span. Our by-laws do not specify whether or not the Secretary-Treasurer can or can't vote. Can a Secretary vote in Board of Director meeting?
  16. Never seen this situation before: Board sends members notice of dues increase, along with invoice and late payment fines. Increase (of about 10%) needed for reserves. Membership vote on said increase to be held 60 days later at Annual Meeting, but that's not stated anywhere in the increase notice or bylaws. When questioned about timing, board said they could issue refunds if vote doesn't pass. This seems backward, inefficient and less than transparent. Are there any RR that address this?
  17. Hi. I live in a homeowner association in Florida. This question of what constitutes "transacting business" came up. Under Chapter 720 we have board meetings, and we have a law that says we can have general gatherings that are just gatherings, like parties. Two weeks ago, we had a "Meet the candidates" night to introduce board applicants and have them answer questions. It makes sense to me that what requires a quorum is transacting business. t also makes sense that there are a number of actions, motions, reports, and so on, come under transacting business. The new property manager tells me the board attorney wrote an opinion that any gathering where a quorum of the board is present and association business is discussed is a "board" meeting, must be called to order, and minutes taken. She made up the minutes, in spite of my objection, and then insisted that she cannot obtain the attorney's opinion from her old job. I objected to her writing them up. That said, should I ask her to get a copy of his opinion, or is one of the underlying premises in Robert's that any gathering of a quorum of the board where business is discussed is permissible to write up and get approval of any gathering of the board. I don't think so. That could mean that a party where a quorum is gathered must be called to order and have minutes. Comments?
  18. I am curious to know if it is appropriate to publish voting results (on secret ballot) for members of our committee as either YES or NO for ratification (persons running unopposed) or must the actual vote counts be published? Our bylaws do not specify how to publish results. There is a history of publishing the counts in the past but this year, the committee published only yes or no in order to preserve the dignity of those being voted into the committee. Our bylaws state that anywhere there is an unanswered issue that Robert;s Rules will preside. Thanks.
  19. Does transacting business occur only when a vote is taken? If not, what other actions are considered transacting business?
  20. I am the appointed President of my HOA because there was no quorum met in the Annual meeting which I attended. Therefore, I was appointed as President and not voted in. When we finally did reach a quorum at a future meeting, the membership voted unanimously for 5 Board members to be voted in (myself being one of them). Two things happened: 1) We had no written record (from anyone) of a motion or a second, although we are all pretty sure this happened. 2) 3 of the Board members turned out to be ineligible because they were not in good standing with the HOA So my questions are 1) is the vote still legal even though there was no written record of a motion or a second and 2) are the 2 Board members (myself being one of them) that were voted in that were in good standings still officially on the Board and does it mean the other 3 just aren't allowed on? Thank you!!!
  21. Happy New Year! For the HOA Annual General Meeting our Board of Directors mailed the membership paint chip colors, architects renderings of the colors, and included ballots to select the paint color. It was also an agenda item. The membership voted their ballots, absentee votes were counted and the votes were announced at the meeting with one color overwhelming in the majority. The results of the vote were included in the minutes. Two months later a Board member at a Board meeting made a motion to change the paint color. When I questioned whether the Board could override a ballot vote by the owners, I was told that it was announced at the meeting that the vote would be only informational. I do not recall that statement being made and it wasn't stated in the minutes. Since we had votes that were mailed-in, the absentee owners would not have heard that announcement. I believe it was an improper motion for the Board to change the owner's vote. Is there any case where a ballot vote can only be informational? To me an "informational" vote is reserved for a show of hands. Many thanks and I really appreciate your responses.
  22. When an elected group of commissioners and/or directors cast their vote is it the right of their represented body to know how that elected official cast their vote? This is in reference to the represented body understanding if the elected official is casting his vote in favor/ or against the represented body. Example, Director A through E are part of the body responsible for financial approvals. Reports of the director meetings simply state the vote was in favor or against in 3/2 or 2/3. How does the represented body know that their elected representative is voting in their favor over a period of time. Is this a rule associated with the method the secretary captures the vote, a rule that must be in the by-laws declaring how a vote will be documented or in the method of voting itself that is used by the directors? Thank you for the help
  23. I am the bylaws chair of a volunteer fire department. We have had a series of by-law violations committed by our bod. The list is lengthy but I need some help on two things: 1. Our by-laws state that there needs to be 5 voting bod members for a bod meeting vote. Our chairman had been suspended and the bod bypassed a trial board and held a special bod meeting with no notice to the body. In that meeting our president voted twice in favor of overturning the suspension in order to fulfil the 5 vote requirement. Can he do that? 2. Our bylaws state that no other fire department business can be conducted on election night which is this Weds. however, I plan on presenting my investigation findings to the body prior to vote with the hope of voting out the president and chairman and possibly the other bod members. Can I make motion to suspend the bylaws for this purpose?
  24. A properly noticed amendment to the Bylaws is being brought forth at a meeting at which a 2/3 vote is required to pass. A member seeks to put forth a proper amendment to the amendment. What vote is required to pass the amendment to the amendment? Please cite me to the specific section of (ROR 11). My reading is that only a majority is necessary to amend the amendment, but this seems to be an easy way to defeat the underlying amendment.
  25. Let me explain the situation and then I will ask two questions at the end of my post. Officer elections are coming up and things have gotten contentious. Nominating Committee met and presented a slate with one name for each position. The sitting President was on the slate as the nominee for President next year, as is our custom. A nomination from the floor was made to run against the sitting President. While this is allowed in our bylaws, it has never been done before. According to our bylaws, nomination from the floor are made at the September meeting and the Election is at the October meeting. We do allow absentee voting. Our bylaws specifically state that nominations from the floor will only be accepted at the September meeting (which has already occurred). Immediately after nominations from the floor the campaigning from the additional nominee's team began, and it started pitting neighbor against neighbor. The sitting President stated via email to the membership that she was removing her name from the ballot in order to end the contention. Unfortunately that appears to have only emboldened the other candidate's team. As a result, many of the members are starting a campaign for the sitting President to again run against the new nominee so that members will have a choice. Sitting President is very willing. Our bylaws state that within 7 days of the nomination meeting, that the Nominating Committee Chair will send to the President the final ballot. That has been done, and the sitting President's name is not there as she had removed her name. Our bylaws also state that within seven days of the President receiving this information from the Nominating Committee Chair, that the President will announce th final ballot to the membership via email and posting on our website. This has not been done as it is not due yet. Questions: 1)Is there any way to add the sitting President's name back onto the ballot? Or is the only option as a write-in candidate? and 2) If the only option is for the sitting President to be a write-in candidate, is there any way to prepare the ballot or handle the vote and protect anonymity? For instance, everyone will know if I vote for the candidate on the ballot or the write in candidate based on my simply making a check or writing a name.