Daniel H. Honemann

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About Daniel H. Honemann

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    Timonium, Maryland

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  1. Dr.

    Well, you just provided us with one where more than a majority vote will be required.
  2. Dr.

    What rule must be suspended in order for an assembly to agree to go into and remain in executive session until adjournment?
  3. But, assuming (as it appears we have all been doing) that the situation is as described in the first sentence of Mr. Goodwiller's initial response, at least they now should have a better understanding as to how to interpret them. That's the best that we can do.
  4. Yes, we know that an adopted motion to amend a constitution or bylaws cannot be reconsidered, but what's that got to do with the price of eggs?
  5. Dr.

    This is certainly the case if the motion which is adopted is a motion "that the open portion of this meeting be declared ended and that our guests be excused", as in the example on page 230, or simply a motion "to go into executive session." However, as previously noted, in determining what kind of motion and what vote will be required in order to go from executive session into open session, much depends upon exactly what motion or rule caused the assembly to be meeting in executive session in the first place.
  6. Yes, and some are good and some are bad. Yes, I decided some time ago not to continue my participation in the writing of future editions, but I can assure you that I remain fully familiar with the meaning of what is said in RONR (11th ed.), on page 589, lines 17-32. And "Daniel" is a bit presumptuous, I'm afraid.
  7. By the way, apparently the President will have to consent to his own removal from office in order for it to be effective.
  8. The quoted provision of the constitution refers to removal of officers and representatives, whereas the quoted provision of the bylaws refers to removal and reinstatement of members. Maybe this is relevant, and maybe it isn't.
  9. Dr.

    Perhaps the reason why there is so little said in RONR concerning motions to go out of executive session is because so much depends upon exactly what motion or rule caused the assembly to be meeting in executive session in the first place.
  10. Dr.

    Yes, I think this is right. If an assembly is meeting in executive session as a result of having adopted a motion to do so, adoption of a motion to go out of executive session will require a majority vote for its adoption. There could, I suppose, be occasions in which a motion to go out of executive session will require more than a majority vote for its adoption (for example, if an assembly is meeting in executive session as a result of having adopted a motion to consider and vote on a particular resolution in executive session, and a motion is made to go out of executive session during the consideration of this resolution).
  11. Yes, Mr. Transpower's view of this is cockeyed and very clearly wrong, but there you have it.
  12. If Mr. Transpower is disagreeing with Mr. Goodwiller's response, he shouldn't be.
  13. Dr.

    "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. In a stock corporation, on the other hand, where the ownership is transferable, the voice and vote of the member also is transferable, by use of a proxy. But in a nonstock corporation, where membership is usually on the same basis as in an unincorporated, voluntary association, voting by proxy should not be permitted unless the state's corporation law—as applying to nonstock corporations—absolutely requires it." (RONR, 11th ed., pp. 428-429)
  14. Sure. Whoever has the power to amend the bylaws can amend the bylaws.
  15. As best I can determine, there is nothing in RONR which explicitly requires that notice of a meeting must be provided in a paper or e-mail which is separate and apart from any other paper or e-mail sent to all members such as a newsletter sent out periodically, and so the question being debated is whether or not this requirement arises by necessary implication from what is explicitly required. I'm inclined to think not, but I'm perfectly satisfied to leave this decision in the hands the assembly in any particular case.