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Gary Novosielski

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About Gary Novosielski

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  1. Appointyed board members

    As long as officers got into office properly according to the bylaws, they're in office. It no longer matters how they got there. If conducting such a meeting is within the duties of the vice president, there's no question that the vice president should conduct the meeting.
  2. can passed legislation be reconsidered or amended?

    If the motion to Reconsider is properly adopted, and the motion is once again before the assembly, it can be amended at that point, and readopted. Of course it could also not be amended, and it could be defeated, with or without amendments.
  3. Informal Discussion

    It's called General Good and Welfare, or Good of the Order, or Open Forum, and probably other things. It is an optional part of the Standard Order of Business, and is listed near the end of the meeting, but prior to adjournment. While it usually involves no motions or voting, some organizations handle motions relating to discipline in this section. People can also hang around after the meeting. This is called people hanging around after the meeting.
  4. Emailing minutes in advance

    As a practical matter, I don't think I've ever witnessed a member insisting on the reading of minutes. I agree a special rule could be adopted, but I doubt it would be needed.
  5. A member recording a meeting

    While it may not apply in this case, there is a flip side to the recording issue for public bodies with open meetings laws. If the public is allowed by law to observe the meeting, some courts have held that the public may record or even videotape the public portions of those meetings, as long as doing so does not disrupt or endanger anyone. This will probably vary from state to state, but could affect the ability of the assembly to limit things, and suggest the involvement of an attorney (which I am not).
  6. Recusal vs. Abstention

    Whoever told you that is simply wrong. Abstaining means only abstaining from voting, and nothing more. For one thing, someone may participate fully in debate, and then decide to abstain based on what was said during debate. On a voice vote, or rising vote, simply answering to neither side constitutes abstaining. On a ballot vote one may "cast" a blank ballot, so it is entirely possible, even likely, to abstain without anyone ever noticing, even after participating fully in debate. Abstentions should not be called for, counted, or recorded (except in rare cases). They are essentially a non-event. The President owes you a public apology.
  7. A member recording a meeting

    Indeed. It sounds like they're in dire need of a presiding officer.
  8. ex officio member on a committee

    In the case of officers, the question doesn't come up, since officers must be listed in the bylaws, and if the bylaws say "Treasurer" then there must be a Treasurer, not two co-treasurers. I've edited the language on co-chairs, but are we saying that in a society with, say, the RONR Sample bylaws, if a committee is established by the assembly, with appointment by the president, and the president on his own initiative attempts to appoint co-chairs, that a member may not raise a point of order against the practice? All the rules in RONR assume that committees will have a chairman.
  9. Nominations for office

    I think in this case, the situation could be handled at the next meeting with a Point of Order that the candidate is not up for election at this time, which the chair would presumably rule well-taken, and order the name removed from nomination. In fact, the chair could raise the point himself, without waiting for a member to do so.
  10. I'm concerned that the convention would apparently have complete freedom to set the rules for election of officers. Convention rules must conform to the bylaws, but these bylaws apparently abdicate that role completely. If that's what's intended, fine, but if there are to be any permanent protections, such as a ballot vote for all except uncontested offices, they belong in the bylaws, not in the convention rules.
  11. Quorum, Board, General, Bylaws,

    Whether in office by virtue of having won election to an office, or by virtue of its ex-officio (or in the case of an IPP, ex-ex-officio) nature, if the board could accept the resignation of, say the secretary, why could it not accept the resignation of the immediate past president? Granted, it would be difficult to find an eligible replacement, but if it can excuse one, why not the other?
  12. Determining winner with three candidates

    I'd like to reëmphasize that it would not be appropriate to reveal the vote counts in private, or to suggest that a candidate withdraw. It is, instead, mandatory to reveal the vote counts to the entire assembly, whether close or not, so that the voters can factor that information into their choice on the next ballot, and see emerging trends for themselves. Candidates can also spot trends, and may decide to withdraw, but it is not unheard of for a last-place candidate to emerge as a dark-horse winner when it becomes obvious that the top choices are hopelessly deadlocked. Here's what a proper teller's report looks like: TELLERS’ REPORT Number of votes cast 97 Necessary for election (majority) 49 Mr. Miller received 51 Mr. Wilson received 24 Mr. Strong received 14 Illegal Votes: Mr. Friend (ineligible) 7 Two ballots for Mr. Wilson folded together, rejected 1 Note that the tellers' report does not declare a winner (in this case Mr. Miller wins). As always, declaring a result is the job of the presiding officer.
  13. Determining winner with three candidates

    But implementing a Borda count would require a bylaws amendment.
  14. Emailing minutes in advance

    By sending draft copies to each member in advance you can get away from the process of reading (except that the minutes must be read anyway on the demand of a single member) but you still need to approve them at a meeting which, if there are no corrections, takes only a moment: Chair states: The first item of business is approval of minutes. Members have received draft copies; without objection, reading is waived. Are there any corrections to the minutes? Members may offer corrections. (Usually agreed to by unanimous consent, but if there is obection, by majority vote.) Chair states: If there are no (further) corrections, the minutes stand approved (as corrected). Draft copies should be clearly labeled as such, to avoid future confusion.
  15. Motion to table

    Then he should properly be called a parliavulgarian.
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