Scorpion

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  1. Dr.

    I (Dan Honemann, posting from my office and hence disguised as Scorpion) agree. Under the circumstances described, a motion to go out of executive session can simply be treated as a motion to rescind the unexecuted part of the order previously adopted, even although not framed as such.
  2. I agree with Mr. Mervosh, and would note that, if a motion is made to elect a sole nominee by acclamation, the chair should rule that the motion is not in order. When there is only one nominee, the chair, after ensuring that no members present wish to make any further nominations, will simply declare the sole nominee elected rather than take a voice vote on whether or not to elect him. (RONR, 11th ed., p. 443, ll. 7-12) As an alternative to making another nomination, a member might move that the election be by ballot. If such a motion is adopted (majority vote required), then a ballot vote will have to be taken even although there is only one nominee, since members will then be free to cast write-in votes for any eligible person.
  3. And when apruitt89 says that "We are a 501c3 public charity", one wonders who "We" are if "We" are not the members.
  4. A practice followed as a matter of established custom may be treated practically as if it were prescribed by a rule, but it is, nevertheless, not a formally adopted rule. As a consequence, a rule conflicting with a custom such as the one you have described can be adopted by a majority vote, and if adopted will then take precedence over the previously established custom. Motions to Rescind are applicable to rules (or whatever) made or created by the adoption of one or more main motions. (RONR, 11th ed., p. 305, ll. 28-31).
  5. I've no idea where you get this idea from, but it certainly is not from the current edition of RONR (or any other edition that I'm aware of).
  6. Yes. I thought I had made that clear when I said: "In my opinion, whenever a rule requires that a vote be counted (such as a rule requiring a ballot vote), the reporting of that count is an essential element of such a vote, and an integral part of the chair's announcement of the result of such a vote." A rule requiring a roll-call vote is certainly a rule requiring that the vote be counted. And by the way, you can tell I'm in my office because my computer here always logs me in as Scorpion. Sorry about that.
  7. It's quite possible. Play around with the numbers for awhile, and you'll see.
  8. This is a rather confusing response. If a proposed amendment to a motion to adopt the recommendation from the council is germane, it must necessarily be "within the scope of the purpose of the called special meeting", as you put it.
  9. It is difficult to understand how a proposed amendment to the bylaws can exceed the scope of the bylaws' subject matter.
  10. When you say "We have recently formed a new committee ... ", who are "We"? Are "We" an organization or just a group of people?
  11. Doesn't what is said on page 264 indicate that these are basic rights of individual members?