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  1. Past hour
  2. Hello looking for guidance here. There is a convention committee (created by the Bylaws) that allows for members and alternates to be designated by different bodies. Can one be both an appointee of one body and an alternate for another? Example: Organization A appoints Ms. Smith as its alternate and appoints 5 primary appointees. Organization B appoints Ms. Smith as its primary appointee and Ms. Jones as its alternate. If any one of Organization A's primary appointees do not attend a meeting, may Ms. Smith substitute in as an alternate and then Ms. Jones is the primary for Organization B. Or does Ms. Smith have to decide which she is for the whole existence of the committee? The rules and bylaws for both Organizations are silent on this situation.
  3. Voting

    No. Keep voting until someone eligible receives a majority vote.
  4. Today
  5. I have a question on voting that isn't covered in our bylaws. Our club votes for judges for a show we have. This year, we had three people submitted. After voting, the first person was deemed ineligible. Does this automatically go to the 2nd highest # of votes? Trying to find something in RROR. Thanks!
  6. Quorum, Board, General, Bylaws,

    I assumed he was President until he resigned, at which point he became Past President. Am I too optimistic?
  7. Quorum, Board, General, Bylaws,

    I am not certain how a past president can resign.
  8. Disciplinary action taken

    Based on these additional facts... Still not my call. No. No. Neither. You should raise a Point of Order that the board’s action is null and void on the following grounds. The bylaws only grant the board the authority to discipline members when charges have been filed by a member, following the process specified in the bylaws. The accused’s due process rights were violated by failing to provide notice of the charges, the date of the trial, and the accused’s rights with respect to the trial, all of which is required by your bylaws. If the chair rules the point not well taken, you should appeal from the ruling of the chair, which places the decision in the hands of the board. If the board agrees with the chair, you should try again at a meeting of the membership.
  9. Yesterday
  10. Quorum, Board, General, Bylaws,

    Another idea that occurs to me is that resignations are not final until accepted. Since the board was without a quorum without the Sergeant of Arms or Treasurer, their resignations could not have been accepted. So perhaps you could persuade one of them to attend one last meeting, at which time the society can amend its bylaws (make sure to give proper notice) and elect officers. Alternately, if the board has the power to fill vacancies (which seems to be the case), you could persuade both of them to attend one last board meeting where the board could fill at least two vacancies and accept their resignations. Your bylaws do, I hope, provide that officers serve until their successors are elected?
  11. Resignation for a future date

    Yes. The assembly may accept the resignation at the same meeting. Notice may be provided of the intent to fill the vacancy, and the election may be held at the next meeting. The person elected will not take office until the effective date of the resignation.
  12. Correcting minutes

    Since the rest of the committee seems happy with the way things are, it seems to me that your only recourse would be to take the issue to the parent assembly.
  13. Disciplinary action taken

    The club's bylaws state the following: ARTICLE VI: Discipline Section 2: Charges. Any member may prefer charges against a member for alleged misconduct prejudicial to the best interests of the Club or the Breed. Written charges with specifications must be filed in duplicate with the Corresponding Secretary and President. A deposit of $50.00 shall be enclosed in the package sent to the Corresponding Secretary, which shall be forfeited if such charges are not sustained by the Board. The Corresponding Secretary or the President shall, within seven days, send a copy of the charges to each member of the Board or present them at a Board meeting. The Board shall first consider whether the actions alleged in the charges, if proven, might constitute conduct prejudicial to the best interests of the breed or Club. If the Board determines that the charges do not allege conduct which would be prejudicial to the best interests of the Club or the Breed it must refuse to entertain jurisdiction. If the Board entertains jurisdiction of the charges it shall fix a date of a hearing by the Board not less than 3 weeks nor more than 6 weeks thereafter. The Corresponding Secretary or President shall, within three days, send one copy of the charges to the accused member by verifiable delivery together with If the Board entertains jurisdiction of the charges it shall fix a date of a hearing by the Board not less than 3 weeks nor more than 6 weeks thereafter. The Corresponding Secretary or President shall, within three days, send one copy of the charges to the accused member via a verifiable delivery service together with a notice of the hearing and an assurance that the defendant may personally appear in his or her own defense and bring witnesses if he or she wishes. The complainant shall also be notified of the hearing date within three days, and of the fact that he/she is also allowed to bring witnesses. Section 3: Board Hearing. The Board shall have complete authority to decide whether any type of counsel may attend the hearing, but both complainant and defendant shall be treated uniformly in that regard. If the charges are sustained, after hearing all the evidence and testimony presented by the complainant and the defendant, and after being allowed to ask questions of either or both parties, the Board may, by majority vote of those present, reprimand or suspend the defendant from all privileges of the Club for a period of time not to exceed one year from the date of the hearing. If it deems that punishment insufficient, it may also recommend to the membership that the penalty be expulsion. In this case, the defendant has the right to appear before his fellow members at an ensuing Club meeting which considers the Board’s recommendation. Immediately after the Board’s decision, its findings shall be put into written form and filed with the Recording Secretary and noted in the next publication of Board meeting minutes. The Corresponding Secretary will notify each party of the Board’s decision and penalty, if any, via a verifiable delivery method, within seven days of when the decision was rendered.
  14. Quorum, Board, General, Bylaws,

    If I may - what business does this attorney-member (who presumably was not chairing the meeting) have adjourning your meeting? Inquorate meetings aren't automatically adjourned, and people might well want to conduct other business, such as set the time to which to adjourn, which is permitted without a quorum. It's likely true (although we can't say without knowing your bylaws) that a new election is needed, which leaves the question of how to hold one.
  15. Resignation for a future date

    Can someone submit a letter of resignation for a future date? If they can does it get acted upon in that meeting-take nominations that night and during next meeting or if they can’t does it get held until its effective date?
  16. majority of cumulative votes

    Assuming that the statute you quoted is applicable, there is your answer. No majority is needed.
  17. majority of cumulative votes

    From the association's Bylaws: "Voting shall be on a percentage basis. Each apartment shall be entitled to a vote equal to the percentage of the common interest assigned to such apartment in the Declaration. Votes may be cast in person or by proxy by the respective apartment owners as shown in the record of ownership of the Association..." and "Election of directors shall be by cumulative voting by secret ballot at each annual meeting and any special meeting called for that purpose. Directors shall hold office for a period of three years and until their respective successors have been elected, subject to removal as herein provided, except that at the first annual meeting three directors shall be elected for one year terms, three directors shall be elected for two years terms, and three directors shall be elected for three years terms." From State Statute: "Voting for elections; cumulative voting. (a) If the bylaws provide for cumulative voting for an election at a meeting, each unit owner present in person or represented by proxy shall have a number of votes equal to the unit owner's voting percentage multiplied by the number of positions to be filled at the election. (b) Each unit owner shall be entitled to cumulate the votes of the unit owner and give all of the votes to one nominee or distribute the votes among any or all of the nominees. (c) The nominee or nominees receiving the highest number of votes under this section, up to the total number of positions to be filled, shall be deemed elected and shall be given the longest term. (d) This section shall not prevent the filling of vacancies on the board of directors in accordance with this chapter and the association's governing documents.
  18. Nominating Committee

    Unusual is right. How does a board ask a question without itself first agreeing to ask it?
  19. Quorum, Board, General, Bylaws,

    Wow very interesting. We have 800 members and normally 300 come in to vote annually in January. Last night we had about 75 to 100 members waiting to see what was going to take place. Thank you, I hope to hear from others.
  20. Disciplinary action taken

    That is not my place to say. RONR does not delineate which situations do or do not warrant discipline. It is only concerned with the process. What do your bylaws say about preferring charges? So far as RONR is concerned, only the society may prefer charges, but it sounds like you have your own rules on the subject. Not so far as RONR is concerned, but you seem to have your own rules. What do they say about the member speaking on their behalf? I am not sure you can do either. What do your bylaws say about the membership’s involvement in discipline? So far, only the board has been mentioned. The board might have exclusive authority in this area.
  21. Quorum, Board, General, Bylaws,

    As you seem to be learning right now, the rule about needing a certain number of board members for a membership meeting is a very stupid rule and you should amend your bylaws to change it as soon as possible. Setting a fixed number, rather than a proportion, for the board’s quorum can also be problematic if there are vacancies. RONR does have one way out of this debacle. It provides that, if every member of the society is present, the quorum requirement may be suspended. If that doesn’t work, the attorney may have better luck turning to the law than RONR.
  22. majority of cumulative votes

    Please provide an exact quote of the rule(s) regarding the election of board members, including any rules about cumulative voting.
  23. Nominating Committee

    I do not think it would be inappropriate for the board to ask the Nominating Committee for its rationale for nominating a particular member, even during a meeting, although I concede that it would be unusual to do so.
  24. elect a candidate by acclamation

    I concur with Mr. Brown, and I would add that our previous responses were based specifically on the facts presented by the OP, who stated that his organization’s bylaws require a ballot vote, and that they also permitted the chair to declare an uncontested nominee elected by acclamation, if there was no objection. Since I suspect you are not from the same organization as the person who posted this thread over two years ago, it would be helpful to know whether your bylaws require a ballot vote and, if they do, whether they permit the chairman to declare an uncontested nominee elected by acclamation.
  25. Budgets

    Approval is when the club adopts the motion to approve the budget. That part is pretty simple. Whether your bylaws require adoption of a budget, and what constitutes whether an expenditure is “budgeted” or “unbudgeted” is a matter of interpreting your bylaws. If you aren’t elected yet, how do you even know that “we” will be on the board after the elections? Regardless, have you talked to the current board members about whether they would be willing to recommend this proposed budget to the society? That would seem to resolve the problem.
  26. Our homeowners association uses cumulative voting and also allows for voting by proxy. For the election of board members, an association meeting is required. Quorum is a majority of owners by percentage of common interests. Every year at least three seats on the board are open; there are a total of nine seats. To be elected, a board member must have the majority of votes. This year, we have three open seats and six candidates. If 51% of owners are present in person or by proxy and satisfy the quorum requirements, then is 3 (seats) x 51 (percent present) equal to the number of total possible votes? What is the threshold that a candidate must meet to be seated? More than (3 x 51) divided by 2, or more than 76.5? If not, what is your calculation please? Since only one candidate can have the majority of votes, does this process then require at least two more re-votes to fill the remaining two seats, assuming that a candidate was seated in the first vote?
  27. Correcting minutes

    I disagree. RONR does say that committees usually don't need formal minutes, but, without a doubt, every society and every committee is free to decide what it will put into its minutes and other records. If a committee wants detailed minutes, it may have detailed minutes. It is not for us to tell them what must and must not be in their minutes and Records
  28. Our social club has had a pretty rough start to the new year. Our bylaws state the Executive Board must have a quorum of 5 to vote and in order to have our general meeting you must have 4 board members to open the meeting. Our VP resigned two weeks ago and our Past President resigned last week. Last night our newly elected President wanted to appoint a new Parliamentarian, VP and Past President, just before the board meeting, we had another executive board member resign (Sergent of Arms ), leaving them with 4 executive board members- no quorum-no votes. Just before the general meeting, another executive board member resigned (Treasure) leaving them with 3 executive board members- no general meeting. Our attorney (who is a member, our attorney for the executive board & mediator) adjourns the meeting and said he must review Robert Rules and thinks we must now have a new election. Any input would be greatly appreciated.
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