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Daniel H. Honemann

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About Daniel H. Honemann

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  1. standing committee with two co-chairs

    But if Patti's committee does have two members who are designated as co-chairs, I can't imagine why each of them would not be counted when determining the presence or absence of a quorum, or why each of them, if present, would not be entitled to cast a vote whenever a vote is taken during committee meetings, unless this organization has some strange rule to the contrary. They may be co-chairs, but they are still two different members.
  2. Approval of minutes with no changes

    This explanation? No, not complicated at all, just utter nonsense.
  3. Can a board be elected w/o a vote?

    It seems to me that a bylaw provision saying that there "shall be 5, or more" board members is rather unique (and perhaps inadvisable), but we've often seen provisions such as "not less than 3 and no more than 9". As previously noted, by Mr. Novosielski, "The way to handle it is to vote before the election is held, to set the size of the board (within the limits set by the bylaws). Then you will know how many spots you are voting for, and when the use of acclamation (where allowed) is appropriate." Adoption of such a motion does not conflict with the bylaws, it is in conformance with them. It may be worded in such a way as to apply only for a specified period of time or indefinitely. In either event, to change it once adopted, and while it remains in effect, will require the adoption of a properly worded motion to Amend Something Previously Adopted. Having said all that, I do agree that it is better practice to adopt bylaws which are specific as to the board's composition.
  4. I agree with Mr. Mervosh. There is no such thing as "rescinding" a nomination. What, exactly, did you have in mind? If someone is nominated who is ineligible to serve in the office to which he is nominated, the presiding officer can rule that the nomination is not in order for that reason, but that's about it.
  5. Hopefully, lawyers know something about the law governing corporations as well as the law of agency in their particular jurisdictions, since these are the laws which govern the use of proxies, and take precedence over parliamentary law. So look in that direction (which you ought to know something about). As far a parliamentary law is concerned, "Proxy voting is not permitted in ordinary deliberative assemblies unless the laws of the state in which the society is incorporated require it, or the charter or bylaws of the organization provide for it. Ordinarily it should neither be allowed nor required, because proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable." (RONR, 11th ed., pp. 428-29)
  6. Read it again. FAQ #6 says that only if the vote required is a majority or two thirds of the members present, or a majority or two thirds of the entire membership, will an abstention have the same effect as a “no” vote.
  7. Non-voting members

    I think the only significant disagreement was with respect to the right of persons not entitled to vote to attend executive sessions, since they are not "members" as that term is defined in RONR.
  8. Treasurers Authority

    And this is true even if a quorum is not present at a regular or properly called meeting. There are, as you know, some motions which are properly made and voted on even in the absence of a quorum.
  9. Board of Directors selection

    If your local chapter has no bylaws, what is there that establishes its existence?
  10. Not Voting vs Abstaining

    If the bylaws simply say that the reason for abstentions must be recorded, I suppose that the secretary will record that members abstained because they didn't want to vote.
  11. Casper

    Aside from the fact that no one could possibly read what is said in Section 27 of RONR and believe that the answer to the question asked could be anything other than "of course not!", if a motion "to purchase 5 trucks" is adopted or rejected, another motion "to purchase 5 trucks" will obviously be out of order, since "... an assembly cannot be asked to decide the same, or substantially the same, question twice during one session—except through a motion to reconsider a vote (37) or a motion to rescind an action (35), or in connection with amending something already adopted (see also pp. 74–75)." (RONR, 11th ed., p. 336)
  12. Once all proposed corrections (if any) to the minutes have been disposed of, by being either adopted or rejected, the chair, after ensuring that no further corrections will be proposed, simply declares the minutes approved (or approved as corrected). See RONR, 11th ed., pages 354-55.
  13. There aren't any in RONR. No rule in RONR prevents it, but if this is done they should be clearly marked as being simply an unapproved draft. No vote is taken on approval of the minutes, but all members present at a meeting at which corrections to minutes are voted on have the right to vote.
  14. No, you read no such thing in Robert's Rules of Order.
  15. Board of Directors selection

    No, it's apparently not the only sentence regarding this topic. Something must precede the sentence you quoted which spells out what officers your chapter is to have. By the way, are you quoting from the bylaws of your chapter or the bylaws of your chapter's parent organization?
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