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  1. Our Union represents two separate collective bargaining units. When it comes to anything involving our executive board or Lodge things, as in elections and motions that come up on the floor during a meeting, all members present get to vote. We are once again negotiating our collective bargaining agreements (contracts) for both units. We have some individuals on either units and retirees who want to be able to vote on an agreement that doesn't apply to them or in the case the retiree doesn't apply at all. Past practice has usually been that everyone was good enough to only vote for the agreement of which they are in the bargaining unit for. It has been 7 years since our last vote on a contract, however. Our C&B only states that "The majority vote of those present shall govern in all matters." That is for the regular business of a meeting. There is nothing that specifically states what to do for the ratification of a contract. Historically, we have made motions to hold specific votes for our contracts, allowing a 12-hour period for the members to come in and vote. Is it possible to limit those Members voting on specific bargaining agreements to only those in that bargaining unit. Since these volts will not take place during an actual meeting and instead during a time frame that is made by motion, can the motion include limiting it to those in that bargaining unit?
  2. OUR GUIDELINES SAY, "IF THERE IS ONLY ONE NOMINATION A VOTE OF ACCLIMATION IS TAKEN". THE STANDING FACILITATOR IS TRYING TO SAY THAT ROBERTS RULES OF ORDER SAY THAT A TWO THIRDE VOTE IS TAKEN NOT PER OUR GUIDELINES STATING THAT A VOTE OF ACCLIMATION IS OUT OF ORDER.. WE HAVE OUR GUIDELINES BUT ARE WORKING UNDER ROB. RIL. OF ORDER........ WHAT IS YOUR TAKE ON THIS? I SAY THAT OUR GUIDELINES IS WHAT WE GO BY SHE SAYS NO.................
  3. If a board member was called into an executive meeting to answer to a specific issue, the member prepared for this issue. The member was then presented with other issues they were not aware of. The issues are being brought to the full board for a vote due to "Questionable Candor". They will meet without the board member and then invite them in either for discussion or after a vote. This information has not been shared. Bylaws state: Any director may be removed from his office by affirmative vote of two-third of all directors at any regular or special meeting (in person or remote) called for that purpose. Members may be removed for nonfeasance, malfeasance, or misfeasance, for conduct detrimental to the interests of the corporation, for lack of sympathy with its objects, for refusal to render reasonable assistance in carrying out its purposes, or whenever in the directors’ judgment the best interests of the corporation will be served thereby." If the bylaws also state: "The President shall preside at all meetings of the Board of Directors to which he/she is of attendance. The President shall have and exercise general charge and supervision of the affairs of the corporation and shall do and perform such other duties as may be assigned to that office by the Board of Directors. The president will have no formal vote unless there is a tie." There are no policies or procedures outlined for any officer or the role of the officer in question. Only bylaws in place. The entire board is new aside from 2 members, 1 in question to be removed. Questions- Can the President cast a vote to increase an odd number to a 2/3 majority or only in a tie or do they have a vote in this matter? Does a tie apply in a 2/3 required vote? If a tie does not apply, the president does not vote? Does the member in question have the right to know the outcome of the vote in numbers to ensure it was a proper 2/3 and how would they properly ask for this information? Are they able to request to be present during the vote and/or discussion? Current board consists of 9 total directors and officers. 8 minus the member in question. If all are present and the president votes, would the vote need to be at least 6 affirmative to satisfy 2/3 for removal. There seems to be a few different rules of order being violated. The person would have likely stepped down anyhow due to the hostility of the new board but wanted to wait till ensured the new board had the organization's best interests at heart. Can a board remove an officer because they just don't like them? Thank you for any feedback and guidance.
  4. Our city has a Historical Preservation Board, which has two kinds of membership: regular and associate. Local ordinance provides that "[a]ssociate commissioners shall strive to attend all scheduled meetings and may participate fully in the meetings and deliberations of the commission but without vote unless standing in for an absent commissioner." Currently, the secretary will only count votes of associate members until a quorum is reached (e.g. Two regular and two associate members are present, with two regular members absent. Three members are needed for quorum, and therefore only one associate member vote is recorded.) Is there any rule of procedure which addresses stopping at quorum in this situation as opposed to letting all associate members vote as long as they could be filling in for an absent member? The bylaws are currently silent as to this issue and we are attempting to amend them to provide clarity.
  5. Guest

    Leaving for a vote

    So if I make a request from a group for funding, do I need to leave during the voting process? I am a coach for a student group that is given ex officio status by the charter bylaws. When I make a request for funding, it does not benefit me personally, but is for something to help the students. For example, asking for supplemental playbooks so that students learn the drills better. While this does help my job, it greatly helps the students. I have been asked by the booster group that to leave during this vote since parents do not feel like they could vote their conscience while I am in the room. They say that it is in roberts rules that anyone who is requesting an item needs to leave for the vote.
  6. Guest

    Procedure problem

    I need help, in my origination we needed to fill an officer vacancy. Our bylaws do not have a procedure to do this, only when the meeting must be conducted. Our bylaws do however, have a process to fill vacancies in lower positions. In the absence of a bylaw we defer to RRoO My question is this; does precedent (article VIII section 23-10) take authority that we use our bylaw of how to fill lower vacancies or does RRoO’s procedure to fill vacancies (article XI section 66) take authority?
  7. I'm on a standing committee and also on the Board of Directors that the standing committee reports into. The committee made a recommendation to the Board of Directors and I voted one way there. At the Board of Directors meeting to vote on that committee recommendation, during the discussion part of the motion to accept the committee's recommendation, there was information discussed at the Board meeting that swayed my decision, and at the Board of Directors meeting I voted a different way than I did at the standing committee. My question is, is that ok to do? Or must I not change my vote regardless of what is said at the Board of Directors meeting?
  8. So we had a special called meeting regarding adopting a resolution. We have 3 councilmen, one mayor pro tem. One councilmen motioned to adopt, the mayor pro tem seconded. Two other councilmen opposed. In this situation, could the mayor pro tem have voted to break the tie? or not because mayor pro tem seconded the motion earlier on? TIA!
  9. For an entity, I have seen bylaw amendments stating two thirds of total members present or super majority needed to vote in favor of a bylaws amendment. In the case that current bylaws are silent on the voting requirement, what is the ruling on the voting requirement to approve of a bylaw amendment: is it simple majority or super majority (two-thirds)?
  10. Aloha! I'm the student council advisor at a private high school in Honolulu. My officers for the coming school year will be elected in early April, but their terms will not begin until July 1. Our current council has one more business meeting before the school year ends, and I'd like my incoming officers to participate in the meeting to help prepare them for the coming school year. Would it be possible for them to participate in any voting that takes place at this meeting? The current officers will be voting on the venues for next year's winter ball and prom, but I'd also like the incoming officers to have a say. Unfortunately, our constitution does not have any guidelines about this. Thank you for your input.
  11. I am wondering if anyone can help me understand the meaning of "elected at large." Here is an example from a set of bylaws: "5.2.2. The President-Elect shall be elected at large, shall serve in that office for one (1) year, and shall automatically assume the office of President in the subsequent year. At the end of their term as President, the individual shall automatically remain on the Board of Directors for a one-year term as Immediate Past President." I understand the meaning of "at-large" when it is associated with a specific member of the board (such as "director at-large), but in the context above, I'm not quite certain. Does it imply that all members vote?
  12. At a convention held recently, there was an election for several contested positions. A couple vice presidents too but the most contentious one was for president. While everyone was getting prepared to vote, someone asked whether the numbers for each candidate would be released, and the chair said no. I immediately objected as that is a violation of RONR 45:40 where it says in no uncertain terms that under no circumstances may the teller´s report be released. I don´t see that wording as allowing a suspension of the rules. The constitution of the association says nothing about this procedure, only that a majority is required for an election (although fails to explain how to achieve that if nobody does get it on any particular ballot). The chair consulted with the parliamentarian, and the two of them concluded that if a motion was passed to destroy the ballot, then they would not release them. They also concluded that it would be a suspension of the rules requiring 2/3 to pass, but they also failed to say to everyone else that it was a suspend the rules motion needing 2/3. I happened to be sitting next to the parliamentarian so I heard what they were saying. That motion was moved and seconded, and was passed by 322 votes in favour to 95 against, out of roughly 1200 people at the convention who could vote, however they didn´t release the results of that motion to everyone else either. In fact, on no instance did they release the numbers for and against on any motion in the whole convention even when a tally count was necessary several times and we are entirely dependent on the chair´s judgement on this. I also imagine this kind of suspension could also impact the rights of absentees too who might be interested in the numbers like this, especially given that the rule I referenced dictates how the numbers are to be entered into the minutes too which is often done for the benefit of those absent. I don´t know what next. Would this ordinarily be able to give rise to some kind of further appeals in most association to the committee relevant to it? I couldn´t get justice at the convention hall itself for transparency of the numbers.
  13. Our CA based non-profit is trying to pass a new set of by-laws. We thought it would require 2/3rd vote of current BOD to advance it for to the membership to approve but we have 2 directors not voting, one No, 3 yes & one pending a vote. Current by-laws state that “All Directors must agree to changes in the by-laws.” This sentence is immediately followed by, “If 2/3rd of the members disagree then no changes can be made.” The statements seem contradictory, cancelling each other out and I wonder if the first one is even constitutional (100% consensus). What’s an effective way to by-pass this deadlock and get the approval process in the hands of the membership at large if any?
  14. Hello! Recently, a Board that I take minutes for met. Near the end of the meeting, during Old Business, our director revisited a topic that had been discussed at a previous Board meeting but was not on the current agenda. The topic was a financial one, as it pertained to per diems for Board members when attending conferences. Our director was simply asking the Board what their thoughts were on the topic. However, one Board member made a motion to approve per diems for Board members at conferences. This motion was seconded. I brought up that I wasn’t sure if it was proper (or legal) to make and act on a motion on a topic that was both not listed on the agenda and was not an action item. The Board member who made the motion was confident that it was fine. Since it dealt with finance, I did a roll call vote and the motion passed. Was it proper for our Board to take action on a financial topic that was not listed on the agenda? Any help would be appreciated! Thanks!
  15. If an item is not on the agenda and is brought up during good and welfare, are a vote and motion permissible? Note: The vote was for approval for an expense deemed "significant" according to our bylaws.
  16. At a recent HOA meeting, a secret ballot vote was taken to approve or reject an increase in dues. The results were seen and reported by the HOA management company rep who is not a voting member nor a member of the HOA Board. She did not show the results, which she said were unanimous, even to the Board president, who apparently didn't care to see the results. Is this a valid vote if the HOA management person was the only person who saw the results?
  17. Between our scheduled meetings, the president of our organization sent an email to our 10 Board members (including myself, the VP) asking each to vote on 3 "proposals" and to reply to him by a certain date. Two proposals had to do with spending money. The third had to do with setting a specific day of the week for all future meetings (our current By-laws state meeting dates are set by a majority of the Board or at the call of the president). Our By-laws do not allow (nor do they disallow) voting to take place between meetings. Instead of voting, I replied and said we should not be voting between meetings. A few Board members did reply with their vote via email. Perhaps some replied with their vote only to the president. Our president replied and said he will direct our Secretary to cast one vote for each proposal at our next meeting based on the outcome of this between meetings vote. He did not say the outcome of the between meetings vote would take effect before the next scheduled meeting, but I suspect that is his intent. I have concerns about voting between meetings. I'm not well versed on Robert's Rules of Order, but our By-laws state we will abide by RROR if something is not covered in our By-laws. Does RROR mention about voting (or how to vote) between meetings? We are a Chartered non-profit organization in NYS. Being Chartered means we must abide by NYS Education Department rules and regulations. Thanks - David
  18. Throughout RONR it is noted that certain matters may be adopted by: 1) a majority with notice, 2) 2/3 without notice, or 3) a majority of the assembly's membership. Who decides and how is it decided which voting standard will be used when any of these three methods are possible?
  19. Guest

    Agenda

    Can the agenda be changed to allow new members in before voting on an issue
  20. Guest

    VOTING - A TIE VOTE

    Hello All and thank you for being here: Voting for President of a Club Can the incumbent president vote for themselves? In this case if the incumbent votes for themselves it causes the vote to become a tie. Shouldn't the president's vote be used to break a tie and not make a tie? Oh! We do NOT have a Vice President in office. Thank you, Barry
  21. May a secretary record in the minutes that a vote was "Unanimous," or "Motion carried Unanimously"? If such is permissible, what form of voting procedure(s) must be followed?
  22. A board regularly puts up someone already on the board as a candidate for an open position. If the members vote that person in, which they usually do, it creates a vacancy in their old position. The board immediately appoints some one to that position, thereby depriving the members of the right to run for that position. The bylaws allow for board appointments but no time frame is specified. This seems like a manipulative process but there seems to be nothing in place to stop it.
  23. We have a five member board. Some of our cooperative board members announce how they are going to vote before an actual vote is taken. For example "I'm going to vote against this motion because..." Does Robert say anything about this? Any opinions about whether this is a good or bad idea? Thanks
  24. Guest

    Abstention Votes

    SO my question is what happens if the entire committee decides to abstain. Meaning that there were not votes for or against the motion and only abstentions. For instance, if there is a motion and the vote count is zero ayes zero nays but 4 abstentions, does the motion pass or fail?
  25. Our Annual fraternal convention (usually around 900 attend) which has approximately 500 delegates registered, is in the process of being cancelled due to Covid restrictions. However, we still want to elect the next incoming officer so that future conventions, fundraising, etc can be commenced. Our by-laws do not currently have anything regarding virtual meetings and/or voting electronically. From reviewing the Forums it looks like the best way to accomplish this since we cannot meet to amend our By-laws is to: Have the Board of Directors adopt a policy allowing virtual meetings and elections to take place; Vote virtually notwithstanding the lack of authority and when we meet in-person again, ratify the action (election) taken by delegates pursuant to the decisions made at the invalid meetings Is this correct? Secondly, technically we many members that would qualify as a delegate any given year. However, this year, we had approximately 500 delegates registered to attend the convention. Would it be correct to say that those 500 delegates who registered would be the only ones to have a vote in these circumstances? Thank you in advance.
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