INDIAN COUNCIL Posted December 19, 2015 at 10:28 PM Report Share Posted December 19, 2015 at 10:28 PM The chair change the date of our normal meeting the secretary notify member 2 weeks in advance so people would have time to rearrange schedules to make the meeting. Then Can a council member take it on them self to decide to have Change a meeting date back to the date the chair had changed it from & have a vote on board position. They had a quorum at there meeting according to are bylaws but the chair, secretary, and treasurer were not present during there vote/meeting? Does it make there vote legal? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 19, 2015 at 11:05 PM Report Share Posted December 19, 2015 at 11:05 PM A scheduled meeting can be changed if your bylaws allow it. Link to comment Share on other sites More sharing options...
Gödel Fan Posted December 19, 2015 at 11:47 PM Report Share Posted December 19, 2015 at 11:47 PM This seems to break down into a few questions: 1. Unless the bylaws say otherwise, the chair cannot change the date of a called meeting. We don't know what your notice requirements are. 2. Unless the bylaws say otherwise, an individual council member also doesn't have the authority to change the date of a meeting. It would seem, then, that according to RONR, none of this matters for your situation. You had a date set for a meeting, the chair purported to change it, and someone else purported to change it back. Neither of those actions were valid, and so the meeting was never moved - which would, according to the facts given (unless your bylaws say otherwise) mean that the meeting that was held was valid, although it's possible that you have notice requirements that were broken. I am unsure what you mean by "a vote on board position," but, whatever it is, if it is in order and held at a legal meeting, it's valid. 3. A called meeting's validity doesn't depend on the presence of any particular individual, just a quorum. (Actually, even without a quorum a valid meeting can be held, but most business cannot be legally conducted.) Link to comment Share on other sites More sharing options...
Josh Martin Posted December 20, 2015 at 03:07 AM Report Share Posted December 20, 2015 at 03:07 AM 4 hours ago, INDIAN COUNCIL said: The chair change the date of our normal meeting the secretary notify member 2 weeks in advance so people would have time to rearrange schedules to make the meeting. Then Can a council member take it on them self to decide to have Change a meeting date back to the date the chair had changed it from & have a vote on board position. They had a quorum at there meeting according to are bylaws but the chair, secretary, and treasurer were not present during there vote/meeting? Does it make there vote legal? Unless the bylaws authorize the chair to change the date of regular meetings, the meeting's date was never properly changed in the first place. Therefore, the council member was not changing the date back, he was just showing up to the meeting which was still on the same date. If a quorum was present, then the business conducted is valid, even if the Chair, Secretary, and Treasurer were not present. Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 20, 2015 at 06:30 AM Author Report Share Posted December 20, 2015 at 06:30 AM our bylaws states the meeting is held on the first monday of every of month unless ordered by the council. Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 20, 2015 at 06:43 AM Author Report Share Posted December 20, 2015 at 06:43 AM considering I am the secretary and i did notified every one in advance. and in our bylaws under my job duties it says i am to notify members of upcoming meetings. would it still be valid? Also in our bylaws it states under the chairs duties they are to preside at meetings. set the agenda for the meeting. and represents the tie breaker for general membership votes. since they were not present would it be valid. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 20, 2015 at 11:43 AM Report Share Posted December 20, 2015 at 11:43 AM Yes, it appears that the meeting was valid, and the mere fact that your chair, secretary, and treasurer were not present wouldn't invalidate actions taken at that meeting. If your bylaws state that your regular meetings are to be held on the first Monday of every month unless otherwise ordered by the council, then that is when they are to be held. Apparently that is what happened. Link to comment Share on other sites More sharing options...
Josh Martin Posted December 20, 2015 at 05:53 PM Report Share Posted December 20, 2015 at 05:53 PM 11 hours ago, INDIAN COUNCIL said: our bylaws states the meeting is held on the first monday of every of month unless ordered by the council. Since it appears that the council did not order otherwise, then the meeting remained on the first Monday of the month. The rule doesn't say anything about the chair ordering otherwise. 11 hours ago, INDIAN COUNCIL said: considering I am the secretary and i did notified every one in advance. and in our bylaws under my job duties it says i am to notify members of upcoming meetings. would it still be valid? The meeting held on the first Monday of the month is valid. If notice was not provided, this isn't really a problem, because your bylaws provide that the meetings are held on the first Monday of every month, so notice isn't necessary to know when the meeting is. Conversely, the meeting which was held at some other time was not properly called (see above), so notifying members of it wouldn't make it valid. 11 hours ago, INDIAN COUNCIL said: Also in our bylaws it states under the chairs duties they are to preside at meetings. set the agenda for the meeting. and represents the tie breaker for general membership votes. since they were not present would it be valid. Yes, the meeting would still be valid, and none of these issues appear to create any particular problem for the meeting. It is possible to elect a Chairman Pro Tempore in the chair's absence (or the Vice Chair presides, if there is one), a meeting can proceed perfectly well without an agenda, and tie breakers aren't necessary, since a tie vote means that the motion is lost. Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 20, 2015 at 08:23 PM Author Report Share Posted December 20, 2015 at 08:23 PM in our bylaws we have a section callIed special meeting maybe called by the chair, or requested by the committes, or at the request of 25 percent of the membership. 72 hours in advance. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 20, 2015 at 08:27 PM Report Share Posted December 20, 2015 at 08:27 PM 2 minutes ago, INDIAN COUNCIL said: in our bylaws we have a section callIed special meeting maybe called by the chair, or requested by the committes, or at the request of 25 percent of the membership. 72 hours in advance. Okay, but what's this got to do with the price of eggs? Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 20, 2015 at 08:30 PM Author Report Share Posted December 20, 2015 at 08:30 PM in there election they voted for a nomminee that according to are bylaws did not attend enough meetings to run for office. would there vote be valid still. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted December 20, 2015 at 10:03 PM Report Share Posted December 20, 2015 at 10:03 PM 1 hour ago, INDIAN COUNCIL said: in their election, they voted for a nominee that, according to our bylaws, did not attend enough meetings to run for office. Would their vote be valid still? Under Robert's Rules of Order? - Yes, a vote for a person who never attends a meeting can still occur, and can still legitimately elect. Under your customized rules? - Unknown. - Someone must read the bylaws and do an interpretation whether the rule controlling "nominating" interferes with the act of "voting" or the act of "serving in office", which are quite different things, and may not fall under control of single rule focused on "nominations". Some rules can be suspended. Perhaps the rule you refer to is such a rule. But no one knows what your customized rule says. Link to comment Share on other sites More sharing options...
Josh Martin Posted December 21, 2015 at 07:17 PM Report Share Posted December 21, 2015 at 07:17 PM 22 hours ago, INDIAN COUNCIL said: in our bylaws we have a section callIed special meeting maybe called by the chair, or requested by the committes, or at the request of 25 percent of the membership. 72 hours in advance. In that event, the chair still could not change the date of the regular meeting, but he could call a special meeting to be held in addition to the regularly scheduled meeting, provided notice is given 72 hours in advance. A special meeting can only conduct business included in the call of the meeting. 22 hours ago, INDIAN COUNCIL said: in there election they voted for a nomminee that according to are bylaws did not attend enough meetings to run for office. would there vote be valid still. If the election of this person was in violation of the bylaws, then that election is null and void. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 21, 2015 at 07:30 PM Report Share Posted December 21, 2015 at 07:30 PM 8 minutes ago, Josh Martin said: If the election of this person was in violation of the bylaws, then that election is null and void. But, of course, this determination of ineligibility must be made by the council at one of its meetings. As of now, this person has been elected. Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 22, 2015 at 06:29 PM Author Report Share Posted December 22, 2015 at 06:29 PM As of now the person is elected but I was not present at that meeting to know for sure. Link to comment Share on other sites More sharing options...
INDIAN COUNCIL Posted December 22, 2015 at 06:31 PM Author Report Share Posted December 22, 2015 at 06:31 PM Thanks every one for all the info I was given it has been very helpful Link to comment Share on other sites More sharing options...
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