Is the appointment valid?

[Joibren]

Our Council considered the appointment of an individual to a community board last evening.  There were three nominees of which the votes cast were: Nominee 1 - 4 votes; Nominee 2 - 3 votes; and Nominee 3 - 1 vote.  The Council membership is 9 members of which one member was absent.

My question is:

Would the nominee who received four votes be the appointed to the community board?  There are some questions as to whether the individual was required to receive a majority of the votes cast by the attending/present members (i.e., 5 votes). (Total Council members present and voting: 8)  We follow the provisions of Robert Rules of Order and our Home Rule Charter provides that "A motion must receive the approval of a majority of those present and voting for passage.

I could not find any discussion which relates to our scenario and would appreciate any comments regarding this matter."

[Hieu H. Huynh]

No. If no nominee received a majority vote, the balloting would be repeated until someone received a majority vote.

[Kim Goldsworthy]

1 hour ago, Joibren said:

There were three nominees of which the votes cast were:

Nominee 1 - 4 votes;

Nominee 2 - 3 votes;

Nominee 3 - 1 vote. 

The Council membership is 9 members of which one member was absent. (Total Council members present and voting: 8) 

Q. Would the nominee who received four votes be the appointed to the community board?

A.) No (technically).

A majority can be defined as "more votes than all other votes combined." And your #1 person did not achieve a majority vote. Only a plurality vote.

***

However, this is a parliamentary error which is not a "continuing breach".

Since the error is not a continuing breach, then no Point of Order can be raised now.

So, despite falling short of a true majority vote, since there was no Point of Order raised in a timely manner, then the appointment stands.

 

 

[Richard Brown]

Regarding Kim goldsworthy's post above, it is my understanding that no winner was declared. If a winner was in fact declared, then those results quite likely stand

[Transpower]

Does your Home Rule Charter discuss elections or appointments (not just motions)?  Sometimes, a plurality is all that is needed for such.

[J. J.]

On 7/28/2016 at 2:55 PM, Richard Brown said:

Regarding Kim goldsworthy's post above, it is my understanding that no winner was declared. If a winner was in fact declared, then those results quite likely stand

A.   If this is some sort of governmental body, and the charter was issued by a superior government, I suggest speaking with an attorney.  That is  where the requirement for a majority point has been put.  That could make this error a "breach of a continuing nature (p. 251), c."

 

B.  If the vote was by ballot, the lack of a majority would create a "breach of a continuing nature (p. 251), e."

 

I think my compatriots might agree with the qualifications.