Guest Pat Knoll Posted August 22, 2015 at 07:53 PM Report Share Posted August 22, 2015 at 07:53 PM One person was properly nominated for a director position- only one person accepted nomination .The Chair then applied RONR ,and declared the nominee elected by acclamation ( RONR ,p. 443- Lines 7-12) . However , the Chair was well aware that there was one member present who was opposed to the election of this person- by any method . Even so the Chair did not seek " any objections " - but simply declared election by acclamation . Was this proper procedure by the Chair ? Nothing from the above reference to Robert's- specifically indicates otherwise . Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 22, 2015 at 08:02 PM Report Share Posted August 22, 2015 at 08:02 PM One person was properly nominated for a director position- only one person accepted nomination .The Chair then applied RONR ,and declared the nominee elected by acclamation ( RONR ,p. 443- Lines 7-12) . However , the Chair was well aware that there was one member present who was opposed to the election of this person- by any method . Even so the Chair did not seek " any objections " - but simply declared election by acclamation . Was this proper procedure by the Chair ? Nothing from the above reference to Robert's- specifically indicates otherwise . Yes, it was proper procedure so long as the bylaws did not require a ballot vote. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 22, 2015 at 08:32 PM Report Share Posted August 22, 2015 at 08:32 PM The bylaws did not require a ballot vote . What if the member opposed to the election , by any method , seeing that acclamation was about to be made by the Chair , yelled out " I hereby object to any election by acclamation " ! Would that change / cause a different answer to the one above ? Or what -if after the acclamation , the member opposed - raised a Point of Order and claimed procedural error in that the Chair did not call for any "objections to acclamation applying " , and since acclamation is a unanimous consent action - it was improper and out of order . What answer to that if you please ? Thx PK Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 22, 2015 at 08:36 PM Report Share Posted August 22, 2015 at 08:36 PM The only way to "object" to the election of the sole nominee by acclamation is to nominate someone else. It's easy enough to do. The chair should not ask if there is any objection to election by acclamation. The chair should ask if there are any additional nominations. Hearing none, the chair declares the sole nominee elected by acclamation. Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 22, 2015 at 08:48 PM Report Share Posted August 22, 2015 at 08:48 PM What if the member opposed to the election , by any method , seeing that acclamation was about to be made by the Chair , yelled out " I hereby object to any election by acclamation " ! Would that change / cause a different answer to the one above ? No. Or what -if after the acclamation , the member opposed - raised a Point of Order and claimed procedural error in that the Chair did not call for any "objections to acclamation applying " , and since acclamation is a unanimous consent action - it was improper and out of order . What answer to that if you please ? The chair should rule that the point of order is not well taken. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 22, 2015 at 08:53 PM Report Share Posted August 22, 2015 at 08:53 PM Thx Mr Guest ( but ) : The member concerned does not wish to nominate anyone else- nor is he obliged to do so . The response provided above suggests that the Chair simply ignore the objection even though acclamation is a unanimous consent process . And that, that aspect of unanimous consent simply be sheared away, when it is a context of election- by acclamation ? Why so ? Is unanimous consent variable on when and how applied and subject to rejection of parts ( from time to time or circumstance to circumstance ) of its inherent essentials .? And see ,See - H. Cannon (p.133 par 2 ) "Finally , in certain circumstances , an election may be by acclamation , or unanimous consent, although this is not permissible if there is any objection ". And see also , G Demeter ,248., for same . RSVP - thx Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 22, 2015 at 09:14 PM Report Share Posted August 22, 2015 at 09:14 PM Thx Mr Guest ( but ) : The member concerned does not wish to nominate anyone else- nor is he obliged to do so . The response provided above suggests that the Chair simply ignore the objection even though acclamation is a unanimous consent process . And that, that aspect of unanimous consent simply be sheared away, when it is a context of election- by acclamation ? Why so ? Is unanimous consent variable on when and how applied and subject to rejection of parts ( from time to time or circumstance to circumstance ) of its inherent essentials .? And see ,See - H. Cannon (p.133 par 2 ) "Finally , in certain circumstances , an election may be by acclamation , or unanimous consent, although this is not permissible if there is any objection ". And see also , G Demeter ,248., for same . RSVP - thx We are concerned with proper procedure under the rules in RONR. If you want answers based upon other rules, you've come to the wrong place. Perhaps you should visit the Cannon or the Demeter forums where you will feel a bit more at home. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 22, 2015 at 09:38 PM Report Share Posted August 22, 2015 at 09:38 PM With Respect: Mr. Honeman : I was unaware that this discussion precluded useful context from other authorities . indeed, I understood this forum welcomed all relevant discussion and input . But even if this forum restricts itself solely and entirely to RONR ,the responses provided to this inquiry are seemingly difficult ,if not entirely unacceptable applying , logic , common sense, and specifically RONR. And furthermore ,RONR in a context of fundamental fairness and individual member rights . My read of p 443 of RONR ( for the little that may mean ) identifies unanimous by acclamation election ,as a unanimous consent process - and indeed RONR p 443- says as much . But that paragraph in question is not as fulsome as it might be - a fulsomeness that would include reference to ,"objection" ,as a full stop negation , for election by acclamation . I do not read RONR myopically nor with an inflexible clinging that favours the literal at the expense of the intended and logical . But Thx a lot PK Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 22, 2015 at 09:39 PM Report Share Posted August 22, 2015 at 09:39 PM Thx Mr Guest ( but ) : The member concerned does not wish to nominate anyone else- nor is he obliged to do so He's obliged to do per RONR. He can nominate anyone. He can nominate himself. He can nominate his mother. He can nominate you. He doesn't even have to vote for the person he nominates. What's his problem? Link to comment Share on other sites More sharing options...
Guest Guest Posted August 22, 2015 at 09:49 PM Report Share Posted August 22, 2015 at 09:49 PM Mr Guest : And also with respect - see the above response to Mr Honeman . This inquiry/discussion is not about why he ( the opponent to acclamation ) has an objection, or what "his problem" is . It concerns the fulsomeness of RONR p. 443 ,with respect to acclamation election, and whether or not the Chair has acted properly . I propose that the referred to lines from RONR p 443, are not fulsome enough and should include , and obviously so , the context for acclamation being unavailable if there is an objection . And the duty on the Chair to call for that as a core aspect of using unanimous consent . That, and not the "problems " of the person opposed to acclamation election - is the point here . Thx a lot ! PK Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 22, 2015 at 09:59 PM Report Share Posted August 22, 2015 at 09:59 PM Mr Guest : And also with respect - see the above response to Mr Honeman . This inquiry/discussion is not about why he ( the opponent to acclamation ) has an objection, or what "his problem" is . It concerns the fulsomeness of RONR p. 443 ,with respect to acclamation election, and whether or not the Chair has acted properly . I propose that the referred to lines from RONR p 443, are not fulsome enough and should include , and obviously so , the context for acclamation being unavailable if there is an objection . And the duty on the Chair to call for that as a core aspect of using unanimous consent . That, and not the "problems " of the person opposed to acclamation election - is the point here . Thx a lot ! PK Well, since you obviously didn't post your question here in order to seek the correct answer, but rather to insist upon your own incorrect one, there is nothing more that we can do to assist you. Both approval of minutes and election by acclamation are very specialized instances of unanimous consent. In the first instance, offering a correction to the minutes is the only way to object to their approval, and in the second instance, making a nomination is the only way to object to election by acclamation, but apparently all of this has managed to escape your comprehension. Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 22, 2015 at 10:01 PM Report Share Posted August 22, 2015 at 10:01 PM Mr Guest : I propose that the referred to lines from RONR p 443, are not fulsome enough Then I suggest you wait for the 12th 20th 21st Edition. You might also want to choose a word other than "fulsome". Link to comment Share on other sites More sharing options...
Guest Guest Posted August 22, 2015 at 10:19 PM Report Share Posted August 22, 2015 at 10:19 PM Mr . Honeman and Mr Guest - And again with respect - due you both : Thank-you very much for your responses . I would concede an inclination to see the referred to paragraph in RONR reflect the potential for "objection" - as that strikes me as the logical conclusion for this . That would be something like ; "Unless there is any objection I will now declare X elected by acclamation. But it certainly is not a conclusion that you either endorse, and" fulsomeness" may well be less appropriate than say " completeness " . But the circumstance mentioned is a real situation and one that arose in my area last year - a thorny one to resolve for the interested patties . It seems RONR is adjusted and amended from time to time . My inquiry at core was to see if experts on this forum were of the view perhaps that it should be . Without posing the question I did not know what the answer might be and I was looking for a response that would not pre load the question with specific detail or my own view .It was not to provoke by means of my own final response and view . But I have that now and again thx very much . Appreciated . PK Link to comment Share on other sites More sharing options...
Guest Pat Knoll Posted August 26, 2015 at 04:53 PM Report Share Posted August 26, 2015 at 04:53 PM One final comment on this - and not to have the last word ,and possibly at the risk of the wrath of both Dan and Edgar. If RONR is to be read this way - that is - an objection is made by way of a second nomination, then RONR might well say as much for the benefit of those who are not so sharp as to appreciate the implication . It is done specifically for minutes (p.355 line 7-8) , why not for acclamation ? Especially so since other authorities ( totally irrelevant to RONR- of course ) say the opposite ( e.g. Cannon ) . But in any event I am set right on this point by the eminence grise of the responses provided .Thank-you. pk Link to comment Share on other sites More sharing options...
George Mervosh Posted August 26, 2015 at 05:05 PM Report Share Posted August 26, 2015 at 05:05 PM One final comment on this - and not to have the last word ,and possibly at the risk of the wrath of both Dan and Edgar. If RONR is to be read this way - that is - an objection is made by way of a second nomination, then RONR might well say as much for the benefit of those who are not so sharp as to appreciate the implication . It is done specifically for minutes (p.355 line 7-8) , why not for acclamation ? Especially so since other authorities ( totally irrelevant to RONR- of course ) say the opposite ( e.g. Cannon ) . But in any event I am set right on this point by the eminence grise of the responses provided .Thank-you. pk "If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or "acclamation."" RONR (11th ed.), p. 443 It seems clear that the above cited rule is not applicable if there is more than one nominee. Therefore, to render this rule inapplicable to a particular election when there is one nominee (or to use your term and object to declaring a lone nominee elected), there is only one way to avoid it.....nominate someone else. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 26, 2015 at 05:25 PM Report Share Posted August 26, 2015 at 05:25 PM All this certainly obvious to you George and likely most others . But unanimous consent process obliges the Chair to call for objections. Election by acclamation is a unanimous consent procedure . So for those of us with less capacity ,to see the obvious implications - crumbs need to be dropped so we can find our way . They are with minutes ( ,p 355 line 7-8) - could be for this as well . But of course RONR is not written for those slow on the uptake- or it would be 1400 pages . Thx George . pk Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted August 26, 2015 at 07:08 PM Report Share Posted August 26, 2015 at 07:08 PM Perhaps this citation may be of use: "In reading all that follows throughout this manual, it should be borne in mind that - as in any treatment of any subject - a statement of a rule generally cannot include all possible exceptions to the rule. Whenever a particular statement appears to conflict with a more general statement elsewhere in the book, therefore, the particular statement governs in the matter to which it states that it applies (see also p. 589)." (RONR 11th ed., p. 20, ll. 9-16) Link to comment Share on other sites More sharing options...
Robert B Fish Posted August 26, 2015 at 07:54 PM Report Share Posted August 26, 2015 at 07:54 PM This thread is very useful if only that it illustrates the problem with members who refuse to understand or accept the plain language of RONR. In this case Mr/Ms Guest_Guest_* is seeking to apply the idea of "acclamation" in a manner using his understanding of the word, even though does not apply in this case. As in many situations in real life he is persisting in restating his understanding of that word even though the rule in RONR is plain. Clearly, the chair must rule that his point of order is not well taken. The minutes will record his point of order and he can rest well knowing that his erroneous feelings were recorded in his objection. -Bob Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 26, 2015 at 08:11 PM Report Share Posted August 26, 2015 at 08:11 PM Well, as we have noted on at least one other occasion in the recent past, Pat Knoll ain't no slouch when it comes to the rules in RONR in particular, and parliamentary law in general, and so whenever we fuss with him we do so with a great deal of respect, even when we don't make it apparent. Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 26, 2015 at 08:37 PM Report Share Posted August 26, 2015 at 08:37 PM Well, as we have noted on at least one other occasion in the recent past, Pat Knoll ain't no slouch when it comes to the rules in RONR in particular, and parliamentary law in general, and so whenever we fuss with him we do so with a great deal of respect, even when we don't make it apparent. And yet "Pat Knoll" posts as a guest . . . and as a guest named "Guest". C'mon Pat Knoll, become a member of this humble forum. You'll no longer need to "sign" your posts "pk" and you can stop typing "thx" when you (presumably) mean "thanks". Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted August 27, 2015 at 04:04 AM Report Share Posted August 27, 2015 at 04:04 AM And yet "Pat Knoll" posts as a guest . . . and as a guest named "Guest". C'mon Pat Knoll, become a member of this humble forum. You'll no longer need to "sign" your posts "pk" and you can stop typing "thx" when you (presumably) mean "thanks". But "thx" is not just thanks: it's thanks in ultra-high-quality audio. Link to comment Share on other sites More sharing options...
Guest Pat Knoll Posted August 27, 2015 at 05:39 AM Report Share Posted August 27, 2015 at 05:39 AM Kind words these ( D. Honemann ) ,and invitation ( E. Guest ) ,from the parliamentarian illuminati. Grateful for all and will join the forum when possible to contribute regularly . Expect that will be the case next year if fate so designs . In the meantime grateful for the education provided by these parliamentarian sages and guru . THANKS or "Thx" . Pat K Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted August 27, 2015 at 09:00 AM Report Share Posted August 27, 2015 at 09:00 AM Great Steaming Cobnuts. I thought we would win this one. Link to comment Share on other sites More sharing options...
Guest Guest Posted August 27, 2015 at 03:24 PM Report Share Posted August 27, 2015 at 03:24 PM Great Steaming Cobnuts. I thought we would win this one. A time arises when a slice from half a loaf is preferred to starvation .If the possibility exits for better clarity in the entry of concern then a full meal may, one day , be pending . Link to comment Share on other sites More sharing options...
jstackpo Posted August 27, 2015 at 03:56 PM Report Share Posted August 27, 2015 at 03:56 PM Granted, an "objection" to an election by acclamation is called for, but the form that the objection takes is what matters. For a unanimous consent decision on a motion, it is an actual vote, but for an election the objection comes in the form of another nomination. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.