Can a BOD President Vote Twice

[Guest Shelly G.]

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?

 

 

[jstackpo]

Vote twice?  No.  p. 407.

 

Suspend bylaws? No.  p. 13

[Guest Shelly G.]

Thank you - I am waiting for my copy of Roberts Rules as the one at the firehouse is 15 years old!

[Guest Shelly G.]

Thank you - I am waiting for my copy of Roberts Rules as the one at the firehouse is 15 years old!

[Hieu H. Huynh]

Make sure it's the right book. Getting the In Brief book may also be helpful.

[Richard Brown]

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?

 

Suspend bylaws? No.  p. 13

John, do you not think that maybe that bylaw provision is in the nature of a rule of order and that it can be suspended by a two thirds vote?    It deals with the conduct of business at a meeting and seems to me to be in the nature of a rule of order.

[jstackpo]

I'd argue that it is most importantly a protection for absentees, much like the requirements for special meetings.

 

And the "elections only" rule doesn't deal with the orderly transaction of business in a meeting (p. 15) but with what business may be transacted in the first place.

 

Most definitely not a (suspendable) rule of order.

[Kim Goldsworthy]

Q2. Our bylaws state that no other fire department business can be conducted on election night.

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.

q. Can I make motion to suspend the bylaws for this purpose?

Good news. -- No need to suspend the rules.

Robert's Rules already give you a sneaky "out" to do what you want to do.

 

I assume that your "president" and "chairman" are nominees or are candidates for your election.

(If not, then my advice will not apply.)

 

Elections are funny in that they allow for DEBATE -- "for" and "against" nominees/candidates.

So, don't make a motion "To present your findings".

Instead,

• First, make a motion that debate be allowed, properly.

• Then, rise to speak against Candidate A, Candidate B, etc., using your findings as your argument points.

 

(To the contrary: If your chairman and president are not up for election, then the most you could hope for is permission to read aloud your findings. No vote (no business) will likely be in order. But non-voting business can be granted via "requests" and "suspension of the rules", like "announcements" and "good of the order".)

[George Mervosh]

Good news. -- No need to suspend the rules.

Robert's Rules already give you a sneaky "out" to do what you want to do.

 

I assume that your "president" and "chairman" are nominees or are candidates for your election.

(If not, then my advice will not apply.)

 

Elections are funny in that they allow for DEBATE -- "for" and "against" nominees/candidates.

So, don't make a motion "To present your findings".

Instead,

• First, make a motion that debate be allowed, properly.

• Then, rise to speak against Candidate A, Candidate B, etc., using your findings as your argument points.

 

(To the contrary: If your chairman and president are not up for election, then the most you could hope for is permission to read aloud your findings. No vote (no business) will likely be in order. But non-voting business can be granted via "requests" and "suspension of the rules", like "announcements" and "good of the order".)

 

Firstly, I think nominations need to be re-opened before debating the nominations can take place and no motion to debate is necessary.  Next, I'm not sure presenting the findings of some investigation is going to qualify as proper debate.

[Dan Honemann]

Firstly, I think nominations need to be re-opened before debating the nominations can take place and no motion to debate is necessary. 

 

And I think you are quite right.