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Josh Martin

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About Josh Martin

  • Rank
    Professional Registered Parliamentarian
  • Birthday 09/05/1986

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  • Location
    Minneapolis, MN
  • Interests
    reading, writing, video games, parliamentary procedure

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  1. Running unopposed

    I don’t think it’s possible for your group not to come to an agreement (except in the case of a tie), due to the rule which winnows down the candidates. The assembly could, however, postpone the election to an adjourned meeting or to the next regular meeting. Since your bylaws do not include an “until their successors are elected” clause, the position will become vacant. This is really just a stalling tactic. In the long run, the only way to prevent the election of this person is to elect someone else.
  2. Can a board be elected w/o a vote?

    I don’t like it personally, but I suppose the society could do something like this: ”Five members shall be elected to the board of directors. After five members are elected, a yes/no vote shall be held on each of the remaining candidates (if any), with all candidates receiving a majority vote in the affirmative being elected to the board of directors.” I think this is what you were trying to get at, but it more clearly spells out how the process works.
  3. Presidents refusal to sign contract

    Do your rules require that the President sign all contracts? If so, get a new President. See FAQ #20. If not, have someone else (such as the Vice President) sign the contract. Then get a new President. Okay, but this is a contract for janitorial services, and this is an elected officer, not a hereditary monarch, so I’m leaning toward discipline.
  4. Changing Bylaws to add co-chair

    It seems to me that it would be in order to provide notice that the new co-representative shall be elected, provided that the bylaw amendment is adopted. So it would be possible to hold the election at the same meeting that the bylaw amendment is adopted.
  5. Neither a committee chairman nor a committee has the authority to spend any money, unless so authorized by the society or its rules.
  6. Well, you should know better than me whether it is customary. Do your nominees normally make speeches? Customs vary from organization to organization. As for mandatory, they don’t have to speak, but you have to let them speak if they want to. Yes, debate and questions are in order.
  7. Lone Vote in Committee

    A vote of 1-0 is a majority vote. By abstaining, the other members agreed to go along with the majority of the members actually voting - which turned out to be just one member. If they didn’t want the motion to be part of the committee’s report, they should have voted against it. So no, a second is not required, and the reporting member should not explain the situation. It is improper to refer to the committee’s deliberations during debate on the report.
  8. Letter of Reprimand

    It’s not entirely clear to me that a reprimand is a disciplinary action in the context of the rules in your bylaws. Even if it is, the board did meet again to give you an opportunity to dispute it, and they still voted to uphold the reprimand. Additionally, so far as RONR is concerned, an assembly can reprimand someone for whatever it wants. It’s not limited to violations of specific rules. Nonetheless, you may certainly bring this issue to the membership and try to convince them to countermand the board’s action.
  9. Not Voting vs Abstaining

    I agree completely. My hedging is largely due to not seeing the exact language of the bylaws.
  10. Officer Eligibility Nominations

    No. Only if your bylaws authorize the President to do so. No. It’s not clear that the President has the authority to appoint anyone, but assuming he does, this is an option. Alternately, the assembly can elect someone to two positions. If there is no one in a position, then that would seem to be a vacancy. In my opinion, if an incomplete election results in a vacancy, then the vacancy may be filled through the procedures in the bylaws, however, this appointment only remains effective until the election can be completed.
  11. annual meeting problems

    You can rule them null and void, and suggest that they may resubmit them if they wish, but that any provisions which conflict with the bylaws cannot be included in the new motion - unless, of course, the new motion is a motion to amend the bylaws.
  12. Changing a Vote by Ballot

    I must respectfully disagree. This seems to be far too much to trust to a member’s honor, especially if the change in the vote would affect the result. Additionally, welcome back, Mr. Elsman.
  13. Nominating Committee report

    If the member determines that the situation is serious enough that it requires immediate attention, it would seem to me that he could raise a Point of Order that the report is not the proper report of the committee. The member might also decide that it would be appropriate to initiate disciplinary action against the committee chairman (or reporting member). EDIT: See here and here for more detailed discussions of this subject and some other ideas for how to handle the situation.
  14. Nominating Committee report

    I don’t think this is an option in the case of a nominating committee report. Instead, nominations may be made from the floor.
  15. Removing Write-In Votes

    Your organization is only required to comply with its parent organization’s bylaws on clearly requisite points. If your parent organization permits write-in votes in its own elections, that doesn’t have anything to do with your organization’s elections. On the other hand, if your parent organization’s bylaws provide that its constituent organizations must allow for write-in votes, then that’s what you must do. I concur with Mr. Mervosh that if there is any question on this point, it would be prudent to check with the parent organization.