Bruce Lages

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About Bruce Lages

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    Northeastern NJ
  1. I suspect your recourse is going to be more legal than parliamentary.
  2. The example of a bylaw amendment legislating an officer out of his office is one where an adopted bylaw, at the time of its adoption, has an immediate effect that occurs before the end of a current term of office. But does RONR prohibit an organization from adopting a bylaw amendment in June, say, raising the dues and making the amendment retroactive to Jan 1? or even earlier?
  3. According to RONR, it's neither. The newly adopted term of service would take effect as soon as it is adopted. If you want the change to take place at some other time, you need to either write that provision into the bylaw amendment, or adopt a proviso at the same time as the amendment, stipulating that the amendment will not take effect until whatever time or condition you chose.
  4. Also, be aware that the only way to oppose a candidate is to vote for someone else. There should not be a yes/no type of vote for elections. Are you saying that the opposition to this candidate was in the form of 'no' votes?
  5. If that's the only issue raised, I don't see any way that a re-vote would be valid. Not that it changes anything, but was this previous suspension not known before the vote was taken? The time to raise an objection to the candidate was during the nomination process - nominations are debatable.
  6. In most cases, no, it would not be allowed. But, we really need to know the reason for asking for a re-vote before we can give you a definitive answer.
  7. The default quorum in RONR is a majority of the current members. But this is frequently changed by organizations to suit their particular situation. Check your rules to see if a quorum is established for the executive committee. In the absence of any such rule, it would be the default of a majority - in your case 3 members. Incidentally, an executive committee is more in the nature of a board than a typical committee, but this does not alter the default quorum requirement.
  8. If your bylaws actually state that voting will take place by show of hands, then that's how you must vote and the president seems to be correct (but not because she wasn't at that meeting and didn't get to vote). You cannot overrule a bylaw requirement by just a majority vote - you would have to follow the procedure given in your bylaws for amending them. But, please - when you rewrite your bylaws, take out the requirement for voting by show of hands. If you adopt RONR as your parliamentary authority, you will have access to the use of several means of voting, from the default voice vote to a secret ballot vote or even a roll call vote. But you will be able to chose which method of voting to use in any given situation by a majority vote at that time.
  9. Need to show? No, the only people who need to see (or hear) the secretary's draft minutes are the members of whatever body's meeting the minutes are for, i.e. - the board, the general membership - since they are the ones that have the responsibility to correct and approve them. The secretary can, of course, chose to share the minutes with the president or other members, but is under no obligation to accept any suggested changes from those members. Just be sure that draft minutes that are circulated are clearly labeled as 'draft', as you seem to be doing.
  10. Read? No, nor are you required to approve them. However, unless there is a very good reason not to, the minutes definitely should be approved at the next meeting. If copies of the draft minutes are distributed beforehand it is not necessary for the secretary to read them, although this must be done on the demand of a single member. If there is a (very) good reason why they cannot be approved at the next meeting, they should be approved as soon as possible. For a society that only holds an annual meeting, RONR strongly recommends that a committee or the board be authorized to approve those minutes.
  11. How is the term of office for the treasurer defined in the bylaws? Please provide an exact quote.
  12. You are correct that an amendment requires a majority vote to be adopted regardless of what vote is required for the main motion, But, while an affirmative vote of a majority of the entire membership can adopt almost any motion, it is not required in any case that I can think of. You should probably check your bylaws to see under what circumstances a vote of a majority of the entire council membership is required and what it applies to. Your rules may vary from those of RONR. And Saint Cad is correct - it's too late now to raise a point of order regarding the (presumed) mistakes made.
  13. If RONR is specified as your parliamentary authority in your bylaws, then you don't really need any further bylaws statement regarding which body is empowered to accept resignations: "The power to appoint or elect persons to any office or board carries with it the power to accept their resignations..." (RONR, 11th ed. p.467, ll 25-26). When the resignation was announced to the membership and a special election to fill the vacancy was called, the membership, in effect, accepted the resignation, even though there was no formal vote taken to accept it.
  14. Where does the statement on filling vacancies come from, if not from the bylaws?
  15. Yes - that is the more logical interpretation of the initial post. Sorry for mis-reading the question.