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J. J.

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About J. J.

  • Birthday 01/01/1963

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  • Location:
    Philadelphia
  • Interests
    Procedure, History, Politics, Genealogy, a Missing Person Case in Central Pennsylvania, and, of course, Donna Summer.

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  1. Uses of Committee of the Whole

    No. Informal Discussion would apply to a pending motion.
  2. Meeting minutes

    Yes, a rule could be adopted to permit it. I would recommend against adopting such a rule; at some point, you will probably be sending something inaccurate out to the members.
  3. Write In Rejected By Club Board

    1. To be elected a candidate would the director position would need not only to be within the top 3 people receiving votes, but have to ghave more than half the ballots, with at least one vote on it, cast. It is unlikely that the write-in candidate had sufficient votes to be elected, i.e. more than half of the votes cast. 2. The ballot said, "List the candidates you are voting for with their respective positions in your reply." This would easily include write-in votes. 3. You have an incomplete election for the third position. If your group meets at least as often a quarterly, you should attempt to complete the election.
  4. It may not be possible to wait for a regular meeting. There can be situations where they wish to remove the person before more damage can be done (from their viewpoint). It would depend on the exact wording of the bylaws. I would note that failure to call a meeting when required could be a subject of disciplinary action in itself. Someone could test this by raising a point of order, either at that meeting or a subsequent one. The person testing it by raising a point of order, could actually believe that the meeting was legitimately called but could want to establish a precedent (for what it is worth).
  5. Uses of Committee of the Whole

    In some cases, the motion to Commit is an original main motion (p. 168, ll. 32-5). In some of the cases described, it would be an original main motion.
  6. Uses of Committee of the Whole

    An article describing this process was published in National Parliamentarian, Summer 2017, "The Whole Consideration," pp. 19-22. It is on line here: https://issuu.com/parliamentarians/docs/nap_np_78-4-www
  7. HOA Executive Session

    The body could vote to release it. In some cases, it will become clear. If the group votes to dig a swimming pool, people will realize it after they see a hole filled with water.
  8. I think that the president is required to call a meeting at a request. If the President should fail to do that, then either the vice President or the Secretary should call the meeting. That is my opinion in the matter, provided that president clearly violated the bylaws. At worst, a member could "test" the validity of such action by raising a point of order.
  9. Parliamentarian

    The member parliamentarian has the same duty to maintain impartiality as the presiding office (p. 467, ll. 8-19), but there is no prohibition on the presiding officer serving on or chairing a committee. The only problem, in both cases, is that the chair not only reports, but moves to adopt any recommendation from the committee. There are three ways around this. First, the assembly can draft a special rule permitting the parliamentarian to enter into debate, make motions or vote. Second, the assembly can suspend the rules to permit the parliamentarian to do so in relation to that committee report. Third, the committee could designate a reporting member to report and make any motions to growing out of that report.
  10. No, unless your bylaws authorize the board to to do this. It is a complicated process. Chapter XX of the 11th edition of RONR. Unless the president is elected by your board, or the bylaws authorize the board to remove the president, the board cannot remove the president.
  11. If proxies are permitted, it would be possible to give a proxy to a member or secretary with the instruction to "vote with the prevailing side." The bylaws would have to specify that proxies are permitted, which is unlikely for a board meeting. The bylaws would also have to specify that a proxy would count toward a quorum.
  12. Not to mention a 2/3 vote.
  13. Procedures for motion of censure?

    One question I have is if the Vice President had expressed an opinion on the motion to censure. In such a case, someone else should chair. I would note that censure can be a penalty in a disciplinary action. A motion "That _____ be censured ....," however, is in order as it expresses the assembly's opinion, and nothing more. Where you will find this in RONR is the famous "Officer George" example, p. 137, ll. 20-25. As noted the footnote p. 643, clearly states this. I would also suggest that you look at p. 125, ll. 15-20, showing a motion to Ratify being amended into a motion to censure; that would be impossible, if censure were a disciplinary action in that case. You may also want to look at "Censure: Penalty versus Motion," Parliamentary Journal, April 2012, which specifically delineates the difference.
  14. If it impossible to get that information, the secretary can write something along the lines, "The chair put the question ...," or "The motion was made... ." Not perfect, but acceptable in the circumstances.
  15. You can remove the officers that control this. See Chapter XX.
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