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George Mervosh

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Everything posted by George Mervosh

  1. Reconsideration of a Point of Order

    Just keep it to 5 minutes per effort like you did in these two threads. We don't want you to be in those meetings too long, you see.
  2. Motion conflicts with previously adopted motion

    If it was simply a conflicting motion not presented as one to amend something previously adopted, that's where the problem comes in on p. 343. Once a motion to amend something previously adopted is pending, you've overcome the hurdle of what RONR is saying on p. 343. See pp. 74-76. Now, certain procedural mistakes may occur while processing the motion, such as what's described in OI2006-18, but that's another matter.
  3. Public hearings

    Here is what RONR says about a public session: A deliberative assembly or committee is normally entitled to determine whether nonmembers may attend or be excluded from its meetings (even when not in executive session). Many public and semipublic bodies, however, are governed by sunshine laws—that is, their meetings must be open to the public. Normally, such laws have no application to private, nongovernmental bodies. In meetings of many public bodies, such as school boards, the public may attend. Similarly, in some private organizations such as church councils, parishioners may be permitted to attend. These attendees are not members of the meeting body and ordinarily have no right to participate. Some bodies, especially public ones, may invite nonmembers to express their views, but this is done under the control of the presiding officer subject to any relevant rules adopted by the body and subject to appeal by a member. Often, by rule or practice, time limits are placed on speakers and relevance is closely monitored. RONR (11th ed.), pp. 96-97 Check with you council's attorney for any rules which may supersede anything said in RONR.
  4. Well now that he's transformed from Donna Summer to Che Guevara we probably should cut him some slack........or (not)
  5. Not paying much attention to Mr. Martin's replies usually causes the mud to turn into quicksand.
  6. Floor nominations

    If he's a member, yes, but he really shouldn't do that in a regular assembly, as Ed has noted.
  7. voting on bylaws

    The amendment section of the present bylaws should specify exactly what vote is required and what notice is required and any other detail regarding amending them. Have you looked there first?
  8. revisiting a carried motion

    You can move to rescind (or amend) an adopted main motion which is still applicable. See RONR (11th ed.), p. 305ff for full details including the vote required and a few exceptions.
  9. HOA Rules

    See http://www.robertsrules.com/faq.html#1
  10. Priority of Business

    Also the phrase can be found under the motion to suspend the rules and call for the orders of the day.
  11. Restrictions on nominees

    The answer to both questions is, no, but it's very unusual to have a vacancy in the office of President if you have a VP. If you have one, why aren't they taking over automatically?
  12. Seconding a motion

    So you disagree with Mr. Martin's post where he explained " But if a member controls a majority (let alone 2/3) of the votes, requiring a second for that member’s motions seems absurd." ? And with 2/3 of the votes he can get away with suspending any rule he wants and win all appeals. He's pretty much unstoppable.
  13. Tie Vote

    The former.
  14. Membership decision

    If the motion is still applicable, it can be rescinded or amended. See RONR (11th ed.), p. 305ff for the complete details. But that's not re-voting on it. You'll either be proposing to rescind it altogether or change the language in the adopted motion.
  15. Changing an existing policy

    As noted above amend can be used to substitute a different version. The moment you rescind the old policy you have no policy for that matter. So have a new one ready to go if you decide to go the rescind route. I'd suggest a careful read of the passage cited including the voting requirements as well.
  16. Changing an existing policy

    The current policy can be rescinded and a new one adopted or simply amended by the current board, whichever makes more sense, but you can't just adopt a conflicting motion. "By means of the motions to Rescind and to Amend Something Previously Adopted —which are two forms of one incidental main motion governed by identical rules—the assembly can change an action previously taken or ordered. Rescind—also known as Repeal or Annul—is the motion by which a previous action or order can be canceled or countermanded. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted at some previous time. Amend Something Previously Adopted is the motion that can be used if it is desired to change only a part of the text, or to substitute a different version." See RONR (11th ed.), p. 305ff
  17. "The name of the maker of a main motion should be entered in the minutes, but the name of the seconder should not be entered unless ordered by the assembly." RONR (11th ed.), p. 470 (Just in case Mr. Honemann is busy right now )
  18. Parliamentarians - Duel

    It might be unethical for them to have a duel, but it would be great fun to watch.
  19. Decorum in Debate

    J.J.'s extreme example in his first paragraph makes it fairly clear that the motion, as amended, to commend is not "his own motion", in my opinion, as it has been so materially amended it's almost not event the same question. Other amendments (and I'm lousy at examples on the fly) if adopted may very well still leave the amended motion as his own. So I don't think the fact it was amended becomes a dividing line, it's to what degree was it amended? I agree with Ms. Rempel that a little common sense needs to carry the day.
  20. Suspend the rules to postpone indefinitely

    I think the answer is no, but if it is yes, I'd like to know exactly why.
  21. Nomination Committee

    "Members of the nominating committee are not barred from becoming nominees for office themselves. To make such a requirement would mean, first, that service on the nominating committee carried a penalty by depriving its members of one of their privileges; and second, that appointment or election to the nominating committee could be used to prevent a member from becoming a nominee. " RONR (11th ed.), p. 433
  22. How to Appeal a Committee Decision?

    No rule in RONR grants the committee any sort of final authority in this matter. They don't have to nominate him, but after they report at a meeting he can be nominated from the floor. If the President rules that he's ineligible, that decision may be appealed and the membership decides.
  23. closed session/executive session?

    Even the book thinks it's that simple sometimes (pp. 229-230 emphasis added by me) "Member Y, sensing that consideration of this question should be kept within the organization, interrupts Member X's speech on the pending resolution by rising "to a question of privilege relating to the assembly." As directed by the president, he states the question of privilege: MEMBER Y: Mr. President, I believe this is a question we should consider in a closed meeting. With apologies to our guests, I move that the open portion of this meeting be declared ended and that our guests be excused. (Second.) CHAIR: The chair rules that the question is one of privilege to be entertained immediately. It is moved and seconded that [stating the question on the motion to go into executive session].
  24. Secret Ballot

    Yes, with an exception for the imposition of most penalties in a disciplinary proceeding.
  25. Executive Sessions members on Phone

    RONR contains no practical advice for this situation. It simply notes that: "In addition, depending on the character of the organization, it may be advisable to adopt provisions for ensuring that nonmembers cannot participate in meetings (unless properly invited to do so), especially during any meeting or portion of a meeting held in executive session. " RONR (11th ed. ), p. 99
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