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Richard Brown

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Everything posted by Richard Brown

  1. That is almost certainly a matter of bylaws interpretation and will probably be determined by your bylaws. There is no such thing in RONR as a "leave of absence". What , exactly, do your bylaws say about it?
  2. Roberts Rules versus Org Bylaws

    Shelly, I disagree. You cannot assume that just because they hold an RONR seminar for incoming board members that they have officially adopted RONR as their parliamentary authority. Remember, the original poster told us in the original post that neither the bylaws nor rules even mention RONR.
  3. MOTIONS FROM THE FLOOR

    Yes, if you want an electronic version of something, the CD-ROM version of the 11th edition of RONR is about $69 plus shipping, depending on whether you order it from the publisher or from NAP (The National Association of Parliamentarians). It is an exact duplicate (minus the line numbers) of the printed version of RONR. You can read about it here, and click on one of the imbedded links to order it: http://www.robertsrules.com/default.html
  4. Meeting Decorum,

    Agreeing with the answer by Mr. Huynh above, your question is rather difficult for us to answer with a short answer in this Q and A forum. This is one of those situations where you really just need to read the rules on proper decorum and how to handle breaches of it. The short answer, though, is that such personal attacks are out of order. Any member can raise a point of order and the chair, on her own initiative, may call the member to order and rule that the comments are out of order. But, again, you really should read what RONR has to say on the topic.
  5. Quorum for Public Comment & Work Session

    In all likelihood, the answers to your questions will be contained in your school board's own rules and governing statutes. If the rules in RONR control (and they are likely superseded by superior state and local rules), a quorum must be present in order for a deliberative assembly to conduct any business except for the four exceptions contained in RONR (to adjourn, fix the time to which to adjourn, recess and take action to obtain a quorum). Your state's open meeting laws (sunshine laws) will also likely have something to say about this. I think these questions would best be asked of your school board attorney.
  6. I agree with Mr. Novosielski, but would add that, depending on provisions in the bylaws, it might be permissible for the body which approves applications for membership (provided such approval is required), can delay considering an application until after six months.
  7. Public hearings

    Are you referring to a public body such as a city council? If so, their rules and procedures are likely spelled out in state law, the city charter, and/or the council's own rules... all of which supersede RONR. According to the rules in RONR, if it is a meeting of a "council", ONLY the members of the council have a right to speak and make comments unless the assembly itself decides by motion or rule to let others speak.
  8. Officers holding multiple offices

    ShellyS, your answer is so far off base that I hardly know where to begin. For openers, I think you misunderstand what the original poster said. Second, your answer is not based on RONR, as our answers should be. Third, there is no inherent conflict in the same person being the "bookkeeper" and the person who writes the checks. Those two functions are traditional functions of the treasurer in most organizations. See the sample bylaws in RONR and also the customary duties of the treasurer as stated on page 461. As to what constitutes a conflict of interest per RONR (which is what our answers are supposed to be based on), the situation as described by the original poster does not create a conflict or "conflict of interest" as defined by RONR on page 407. Without trying to give legal advice, I think I can safely say that I doubt that there is a state statute anywhere in the USA which prohibits an organization's treasurer from serving as both the "bookkeeper" and the person who writes the checks. Those are the traditional duties of the treasurer.
  9. Roberts Rules versus Org Bylaws

    Shelly, what on earth are you talking about? Where do you get the idea they are having RONR seminars? Where do you get the idea they have actually adopted RONR? Where do you get the idea that the IRS code somehow controls this? What makes you think this is a government organization or that "selective enforcement" is illegal? What state statutes are you referring to that dictate how an organization must interpret and enforce its bylaws and other rules? I'm afraid your answer is pretty much BS and not based on any information provided to us by the original poster. Joshua Katz and Dr. Stackpole (jstackpo) correctly answered the original poster's questions based on the information provided and on the rules in RONR.
  10. Adopting Bylaws

    Guest D. Dyer, I had a very hard time following exactly what happened, but, no, it is not true that RONR prohibits bylaws from every being presented again or amended. More information will help us to give you better answers.
  11. Minutes NOT taken in meeting

    To follow up on the last post (immediately above) by Mr. Katz, the recording is not the minutes. It is not necessary to have a recording in order to have minutes. The minutes are a written record of what was done at the meeting. The recording is merely a device that can be used to help produce accurate minutes.
  12. I agree with JJ and started to make a post to that effect several times, but ultimately decided to just not "go there". Thank you, JJ.
  13. Veto?

    Guest Z.Ransom, Official Interpretations 2006-12 and 2006-13 might be illustrative on this particular point. http://www.robertsrules.com/interp_list.html#2006_12
  14. Elected Committee members and continuity of service

    It is ultimately up to each organization to interpret its own bylaws. However, it seems to me that the wording in 3.11e does lead to some interpretation issues. Is there another provision somewhere about actually resigning from or being removed from the committee?
  15. Veto?

    The chair does not have the authority to refuse to process a motion just because he doesn't like it. The only reason for refusing to allow a motion is by ruling it out of order if it violates some rule. Even then, any two members can appeal the ruling of the chair to the assembly. The decision of the assembly is final. Unless your bylaws specifically provide otherwise, your board is subject to the orders of the membership, not the other way around. The membership is usually the superior body.
  16. Veto?

    No, not unless your bylaws expressly give him that power. You might explain, though, what you mean by authority to veto a matter. Are you referring to vetoing an adopted motion? Refusal to put a motion to a vote? Those two situations are entirely different. The latter is not a "veto".
  17. Acclamation by 2/3 majority voice vote

    Agreeing with the previous posters, I have never heard of such a thing. It certainly is not in RONR.
  18. I agree with Mr. Novosielski's additional comments. Most likely, the issue you asked about is covered by your state's open meetings laws (sunshine laws) and/or the school board's own rules. It is very common for public bodies to allow the public to comment, but responses by the board members are rarely required. That seems to vary from one public body to the next, and seems to depend on the mood of the chairman or the members and the nature of the question as much as anything else. Sometimes they respond voluntarily, sometimes (probably most of the time) they do not. You cannot force them to respond.
  19. MOTIONS

    Did he state a reason for not "accepting" the motion? The chair can refuse to process a motion only under limited circumstances, usually that it is out of order for one of several reasons stated in RONR. But, to do so, he should state why he is ruling the motion out of order and you would normally have the right to appeal the ruling of the chair. Can you provide us with more information as to what the motion was and exactly why the chair refused to "accept" it?
  20. voting on a motion and elections

    Agreeing with both Mr. Honemann and Mr. Katz, it might make a difference as to just what type of "rule" Guest Jim is referring to. If it is a rule in the bylaws, then it absolutely controls and could prevent a member from voting. If it is a standing rule, a special rule of order, or a rule contained in some kind of "policies and procedures manual", it likely is not of such a character as being able to prevent a member from voting. We really need to more about the exact nature of the rule in order to fully answer this question.
  21. Nominations of Offcers

    Only if your bylaws give it that authority. As Rev Ed mentioned, it MIGHT be possible for your board to appoint someone, usually on an interim basis, but that depends on your bylaws. We need a lot more information in order to be of much help in this case.
  22. Well, sort of, but since this appears to be a public body, I imagine your state's open meetings laws and the school board's own rules are playing a bigger role than RONR. As far as RONR is concerned, people who are not members of the body that is meeting have no rights at all, not even the right to be there, let alone speak, except with the permission of the assembly.
  23. Established membership catagory

    Guest Carol, it might help if you could tell us a bit more. I'm assuming that you are referring to a standing committee established in the bylaws of your organization. i'm a bit confused, though, by your statement that it is a "membership category". Is it a class of membership or a committee? If this is a committee established in the bylaws, and if it desired to "disband" the committee, the bylaws should be amended using whatever procedure your bylaws call for to remove this committee from the bylaws as a standing committee. There is no requirement in RONR to read a proposed bylaw change at two meetings, but perhaps your bylaws do require such a procedure. If your bylaws are truly silent about how to amend them, then you may fall back on the default provisions in RONR. Those provisions do require previous notice of proposed bylaw changes, but not a reading at two meetings.
  24. Officers holding multiple offices

    Bob, what do you mean when you say the finance officer "tabled" a motion? Exactly how did he do that? You've lost us with that statement. Please elaborate.
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