Steven Britton Posted July 2, 2015 at 08:01 PM Report Share Posted July 2, 2015 at 08:01 PM 11 member board, 10 members are elected by mailed ballot election, 11th member is elected by the board, but has limited rights (has right to attend, and to speak in debate; but bylaws prohibit his or her voting). Bylaws are silent concerning the 11th member having the right to make motions, but the latter is irrelevant to the question I'm about to get around to ask. If the eleventh non-voting member is absent, and a motion to Amend Something Previously Adopted is made, is the need for previous notice waived; thus, is the threshold for adopting the ASPA in this instance a majority vote? Link to comment Share on other sites More sharing options...
Edgar Guest Posted July 2, 2015 at 08:18 PM Report Share Posted July 2, 2015 at 08:18 PM If the eleventh non-voting member is absent, and a motion to Amend Something Previously Adopted is made, is the need for previous notice waived; thus, is the threshold for adopting the ASPA in this instance a majority vote? Assuming previous notice isn't required (e.g for amending the bylaws), there's no "need" for previous notice and, therefore, nothing to "waive" (which is not to say that the requirement for previous notice could be "waived"). And the fact that a member might be absent has nothing to do with whether previous notice was provided. Link to comment Share on other sites More sharing options...
Steven Britton Posted July 2, 2015 at 08:33 PM Author Report Share Posted July 2, 2015 at 08:33 PM Assuming previous notice isn't required (e.g for amending the bylaws), there's no "need" for previous notice and, therefore, nothing to "waive" (which is not to say that the requirement for previous notice could be "waived").And the fact that a member might be absent has nothing to do with whether previous notice was provided. Bylaws designate the board authority to appoint standing committees. At a meeting in May it appoints Mo, Larry and Curly to a standing committee. If at its regular meeting in June there is motion to add Shemp to the same committee, it is a motion to amend something previously - without previous notice. If the member with limited rights is absent, but all other voting board members are present, that is, all members who can actually vote are present, is the voting threshold for adoption a majority vote, or 2/3rd/majority of the entire membership of the board/? Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 2, 2015 at 08:39 PM Report Share Posted July 2, 2015 at 08:39 PM The absence of a member (voting or nonvoting) has absolutely nothing to do with the requirement that previous notice have been given in order to adopt a motion to Amend Something Previously Adopted by majority vote, in some cases, or by a two-thirds vote in others. Link to comment Share on other sites More sharing options...
Edgar Guest Posted July 2, 2015 at 08:51 PM Report Share Posted July 2, 2015 at 08:51 PM If the member with limited rights is absent, but all other voting board members are present, that is, all members who can actually vote are present, is the voting threshold for adoption a majority vote, or 2/3rd/majority of the entire membership of the board/? Four members could be absent and you could still adopt a motion to rescind something previously adopted. And nothing in RONR requires a "two-thirds majority of the entire membership". Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 2, 2015 at 09:01 PM Report Share Posted July 2, 2015 at 09:01 PM And nothing in RONR requires a "two-thirds majority of the entire membership". Perhaps “2/3rd/majority of the entire membership” is a shorthand way of saying 2/3 or majority of the entire membership. Link to comment Share on other sites More sharing options...
Edgar Guest Posted July 2, 2015 at 09:03 PM Report Share Posted July 2, 2015 at 09:03 PM Perhaps “2/3rd/majority of the entire membership” is a shorthand way of saying 2/3 or majority of the entire membership. Touché! I missed that second "slash" (or whatever it's called). Link to comment Share on other sites More sharing options...
Steven Britton Posted July 3, 2015 at 12:55 AM Author Report Share Posted July 3, 2015 at 12:55 AM The absence of a member (voting or nonvoting) has absolutely nothing to do with the requirement that previous notice have been given in order to adopt a motion to Amend Something Previously Adopted by majority vote, in some cases, or by a two-thirds vote in others.If notice of this motion is required to protect the rights of absentees - thus a requirement for a two-thirds vote; then if no one entitled to vote is absent, why would you still need to protect rights of absentees? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted July 3, 2015 at 01:54 AM Report Share Posted July 3, 2015 at 01:54 AM The explanation in this thread may be helpful. Link to comment Share on other sites More sharing options...
Steven Britton Posted July 3, 2015 at 12:06 PM Author Report Share Posted July 3, 2015 at 12:06 PM Actual The explanation in this thread may be helpful. Yes, very helpful. Link to comment Share on other sites More sharing options...
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