Gary Novosielski Posted January 26, 2016 at 12:42 AM Report Share Posted January 26, 2016 at 12:42 AM Second-guessing my response in this other thread, consider this hypothetical, which is similar to the question discussed there. The Small Dog Club is considering a motion to have the doghouse clad in aluminum siding. The assembly refers the question to a committee, and adjourns. The next regular meeting is scheduled within a quarterly interval. Some members discover that a local vinyl siding company is going out of business and offering greatly reduced prices for a very limited time. They ask the president to call a special meeting to discuss the matter. The president agrees, and calls a special meeting for the stated purpose of considering buying siding for the doghouse. At the special meeting, Mr. A moves to buy the vinyl siding, and Mr. P raises a point of order that the question is in the hands of a committee and may not be considered at this meeting. The chair rules that this question is practically the same as one in the hands of a committee so, unless and until the committee is discharged, the point is well taken, and the motion is not in order.. Mr. A moves to discharge the committee, a second is heard. Mr. P raises a point of order that the discharge motion is business not mentioned in the call of the meeting, and therefore not in order. How should the chair rule? Link to comment Share on other sites More sharing options...
Dan Honemann Posted January 26, 2016 at 12:37 PM Report Share Posted January 26, 2016 at 12:37 PM 11 hours ago, Gary Novosielski said: Second-guessing my response in this other thread, consider this hypothetical, which is similar to the question discussed there. The Small Dog Club is considering a motion to have the doghouse clad in aluminum siding. The assembly refers the question to a committee, and adjourns. The next regular meeting is scheduled within a quarterly interval. Some members discover that a local vinyl siding company is going out of business and offering greatly reduced prices for a very limited time. They ask the president to call a special meeting to discuss the matter. The president agrees, and calls a special meeting for the stated purpose of considering buying siding for the doghouse. At the special meeting, Mr. A moves to buy the vinyl siding, and Mr. P raises a point of order that the question is in the hands of a committee and may not be considered at this meeting. The chair rules that this question is practically the same as one in the hands of a committee so, unless and until the committee is discharged, the point is well taken, and the motion is not in order.. Mr. A moves to discharge the committee, a second is heard. Mr. P raises a point of order that the discharge motion is business not mentioned in the call of the meeting, and therefore not in order. How should the chair rule? The chair should rule that the point of order is not well taken, referring to what is said in RONR (11th ed.) on page 93, lines 3-8. The motion to discharge the committee is a motion arising in connection with the transaction of the business mentioned in the call of the meeting. Link to comment Share on other sites More sharing options...
Sean Hunt Posted January 26, 2016 at 02:44 PM Report Share Posted January 26, 2016 at 02:44 PM I agree entirely. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 26, 2016 at 07:05 PM Author Report Share Posted January 26, 2016 at 07:05 PM Good, that's how I was leaning. Part II: What would be the threshold for passage? Would the business mentioned in the call of the meeting suffice as previous notice for a discharge motion, allowing a majority to pass, or would the motion still require a 2/3 vote? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 26, 2016 at 07:14 PM Report Share Posted January 26, 2016 at 07:14 PM 3 minutes ago, Gary Novosielski said: Good, that's how I was leaning. Part II: What would be the threshold for passage? Would the business mentioned in the call of the meeting suffice as previous notice for a discharge motion, allowing a majority to pass, or would the motion still require a 2/3 vote? I do not think that mentioning the business in the call counts as previous notice for the motion to Discharge a Committee. Therefore, the motion will require a 2/3 vote or a vote of a majority of the entire membership, unless the committee has failed to report within the instructed time or the assembly is considering a partial report of the committee. In those cases, only a majority vote is required. (RONR, 11th ed., pg. 312) Link to comment Share on other sites More sharing options...
Dan Honemann Posted January 26, 2016 at 07:59 PM Report Share Posted January 26, 2016 at 07:59 PM 54 minutes ago, Gary Novosielski said: Part II: What would be the threshold for passage? Would the business mentioned in the call of the meeting suffice as previous notice for a discharge motion, allowing a majority to pass, or would the motion still require a 2/3 vote? Beats me. Based upon the facts provided, it seems to me that it may be so obvious that taking the motion previously referred to the special committee out of the hands of that committee is so essential to transaction of the business mentioned in the call of the special meeting that merely stating the business to be transacted constitutes previous notice of intent to move to discharge the committee. I guess the assembly may have to decide this question for itself, perhaps based upon the exact wording of the call. Link to comment Share on other sites More sharing options...
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