Guest ALan D Posted July 12, 2010 at 05:52 PM Report Share Posted July 12, 2010 at 05:52 PM Our organization had a controversial vote that happened without a motion or a second or any discussion is that a legal vote or did it never happen because there wasn’t a motion? Link to comment Share on other sites More sharing options...
George Mervosh Posted July 12, 2010 at 05:56 PM Report Share Posted July 12, 2010 at 05:56 PM What did you vote on then? It might be valid. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 12, 2010 at 06:01 PM Report Share Posted July 12, 2010 at 06:01 PM What did you vote on then? It might be valid.I'm interested in this one. If we could skip Steps 1-3 (of the six steps of handling a motion) and get right to the vote, our meetings would be so much more enjoyable. Link to comment Share on other sites More sharing options...
Guest Guest Posted July 12, 2010 at 06:01 PM Report Share Posted July 12, 2010 at 06:01 PM What did you vote on then? It might be valid.it was a vote weater or not to have smoking in the building the BOG voted to bring it to the floor. they picked a date and ballots got passed out andthere was a vote without the floor making a motion to have one Link to comment Share on other sites More sharing options...
George Mervosh Posted July 12, 2010 at 06:10 PM Report Share Posted July 12, 2010 at 06:10 PM Unless David Foulkes disagrees, I'd say it's valid if the result was declared by the chair. Link to comment Share on other sites More sharing options...
Guest Guest Posted July 12, 2010 at 06:13 PM Report Share Posted July 12, 2010 at 06:13 PM it seems odd the a vote can exist without first having a motion to have one Link to comment Share on other sites More sharing options...
Dan Honemann Posted July 12, 2010 at 06:33 PM Report Share Posted July 12, 2010 at 06:33 PM it seems odd the a vote can exist without first having a motion to have oneWell, I think it would be odd to have a motion to have a vote. Link to comment Share on other sites More sharing options...
Guest dan Posted July 12, 2010 at 06:35 PM Report Share Posted July 12, 2010 at 06:35 PM Our organization had a controversial vote that happened without a motion or a second or any discussion is that a legal vote or did it never happen because there wasn’t a motion?If there was no motion, then how would anyone know what they were voting on? If there was no motion, how would the minutes reflect the decision/action taken by the vote? Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 12, 2010 at 07:01 PM Report Share Posted July 12, 2010 at 07:01 PM If there was no motion, then how would anyone know what they were voting on? If there was no motion, how would the minutes reflect the decision/action taken by the vote?With any luck, the Chair did properly put the question, at which time he should have stated the question as it was to be voted upon, so the members knew what was at stake.Unless David Foulkes disagrees, I'd say it's valid if the result was declared by the chair.This challenge, coming from you, I'd be foolish to do so. However, I'm still a bit perplexed. "Debate, rightly understood, is an essential element in the making of rational decisions of consequence by intelligent people......every member of the assembly has the right to speak to every debatable motion before is is finally acted upon;..." (p. 373 ll. 10-26) So how is the process as describe by Alan D not in some manner a violation of the members rights, in denying them the right to speak in debate? Link to comment Share on other sites More sharing options...
George Mervosh Posted July 12, 2010 at 07:09 PM Report Share Posted July 12, 2010 at 07:09 PM Who said someone wanted to speak and/or wasn't allowed to?And the right to debate isn't too fundamental, given it takes a mere 2/3 vote or unanimous consent to end it abrubtly. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 12, 2010 at 07:15 PM Report Share Posted July 12, 2010 at 07:15 PM Who said someone wanted to speak and/or wasn't allowed to?Um.... the poster???Our organization had a controversial vote that happened without a motion or a second or any discussion is that a legal vote or did it never happen because there wasn’t a motion?And the right to debate isn't too fundamental, given it takes a mere 2/3 vote or unanimous consent to end it abrubtly.I'd say a right that requires between 66.667% and 100% of the members approval to deny rates a little more than a not "too fundamental". But that's just me. Still, how does business come before the assembly without a motion then? Can the Board, as a rule, proceed this way? (citations appreciated, I haven't found any.... yet) Link to comment Share on other sites More sharing options...
George Mervosh Posted July 12, 2010 at 07:28 PM Report Share Posted July 12, 2010 at 07:28 PM Who said someone wanted to speak and/or wasn't allowed to?Um.... the poster???Our organization had a controversial vote that happened without a motion or a second or any discussion is that a legal vote or did it never happen because there wasn’t a motion?No he didn't. He just said there wasn't debate, and if everyone voted without a point of order coming forward, it's a done deal. Link to comment Share on other sites More sharing options...
David A Foulkes Posted July 12, 2010 at 07:36 PM Report Share Posted July 12, 2010 at 07:36 PM No he didn't. He just said there wasn't debate, and if everyone voted without a point of order coming forward, it's a done deal.No argument there. And, yes, I did interpret his original post to mean the Chair jumped right to step #5, thus in effect not allowing debate. A POO should have been raised, but wasn't. This is again another instance of a Chair not handling things properly........ as I understand they should be, at least. Oh well. Link to comment Share on other sites More sharing options...
Larry Cisar Posted July 12, 2010 at 11:14 PM Report Share Posted July 12, 2010 at 11:14 PM I'd say someone should check the bylaws as I have seen it where the BOD can send out a ballot on an issue if they so desire. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 13, 2010 at 03:47 PM Report Share Posted July 13, 2010 at 03:47 PM Our organization had a controversial vote that happened without a motion or a second or any discussion is that a legal vote or did it never happen because there wasn’t a motion?it was a vote weater or not to have smoking in the building the BOG voted to bring it to the floor. they picked a date and ballots got passed out andthere was a vote without the floor making a motion to have oneit seems odd the a vote can exist without first having a motion to have oneWhile what happened was improper, it would not cause a continuing breach. A Point of Order would have had to be raised at the time. The result stands. If the motion was adopted, it may be rescinded or amended. If it was defeated, the motion may be renewed. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted July 13, 2010 at 05:46 PM Report Share Posted July 13, 2010 at 05:46 PM ... it was a vote whether or not to have smoking in the building ...Q. How do you know this?Didn't you just say, no one made a motion of any kind?Did it drop down like manna from heaven?Was this a meeting of Psychic Mind-Reading Society? Link to comment Share on other sites More sharing options...
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