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  2. RONR has no procedures regarding filing a "grievance" and does not use that term. RONR does have procedures for discipline and removal of members of the society as well as officers, including board members, which are discussed in Ch. XX of RONR. I'm not entirely certain if that is relevant to what you are referring to, although it doesn't seem to matter anyway since your bylaws have their own rules on this subject. Yes, your bylaws take precedence over Robert's Rules of Order.
  3. The board does have the authority to fire employees based on the recommendations of the Personnel Committee. The meetings that I am referring to are not committee meetings. The employee asked to meet with the board of directors and that was granted by the President. But, she decided for the board to vote on it and never gave any details on the count. Our bylaws do not permit email voting or voting by Zoom. This has been brought into question as well.
  4. 1. The 12th edition of RONR is now your organization's parliamentary authority. 2. See FAQ #20 on the Robert's Rules Official website, www.robertsrules.com. 3. Applicable bylaws do, indeed, "trump" conflicting rules in RONR.
  5. Is there a procedure for a member to file a grievance against a board member? Our Bylaws state that our meetings are ran according to Robert's Rules, but doesn't mention which version. The Bylaws don't state that our organization is governed by Robert's Rules. When I asked about the member filing her grievance, I was told it's in Robert's Rules. Our Bylaws state a grievance can be filed after the member has been suspended or revoked, not prior. Do Bylaws trump Robert's Rules? I am confused. Thanks for the help.
  6. Today
  7. It seems to me that write-in votes are not permitted, since the rule provides that "Only those applicants who apply in accordance with paragraph a. and b. above shall be eligible for election to the Board of Directors." It would seem that anyone written in would not have applied in accordance with paragraphs a and b and consequently would not be eligible.
  8. Ultimately, only your organization can interpret your bylaws via a point of order and appeal. In my personal opinion, which is worth the paper it's not written on, "[a[ll" suggests that anyone not following these procedures may not be elected.
  9. Greetings, Our organization (camping club, similar to an HOA) is going through a debate amongst the members as we enter election-time, about write-in nominations. As many of us agree, Robert’s Rules state that write-ins are allowed unless the bylaws state differently regarding the election process. Our bylaws read: SECTION 2 – ELECTION (BOD 1-23-99) a. All members applying to serve on the Board of Directors shall have their completed, signed Board Application Form filed with the Vice-President by the date set by the Board of Directors. All candidates who apply for the Board of Directors shall have a felony background check prior to the application being accepted. All applicants who have been a current member for at least one year, are not related in any way to a current Board Member or candidate, including spouses, siblings, parents, children, in-laws, step-children and their spouses, step-parents, significant others or anyone on the same membership cannot serve on the Board of Directors simultaneously, have not been a Park employee during the previous one (1) year and are deemed members in good standing and have an acceptable felony background check shall be eligible for election to the Board of Directors. . (9-25-99) (9-27-03) (9-25-04) (1-1-12) (1-1-14) (1-1-20) b. The Vice-President/designee shall post the names of the applicants and their qualifications on the common property at such place as may be designated by the Board of Directors. The posting shall be no less than 45 days prior to the Annual Meeting. Such qualifications are to accompany the ballot mailed to each member. (9-25-04). c. Only those applicants who apply in accordance with paragraph a. and b. above shall be eligible for election to the Board of Directors. Some members are of the opinion that write-ins are not disallowed, so they are allowed. Others read the above that, if you don’t complete a) and b), per c) you may not be elected to the board. Hence write-ins would not be allowed. Curious for some more experienced opinions, given the above information. Thanks in advance!
  10. Agreeing with both JJ and Dr. Kapur, it seems that your parliamentarian is elected rather than appointed or hired. We really need more information about this position in order to answer your question. We can tell you, however, that RONR has no specific provisions concerning an interim or temporary parliamentarian. RONR does, however, have language to the effect that if there is no parliamentarian, the chair may turn to experienced members for advice. RONR (12th ed.) 23:17
  11. Assuming that your bylaws do permit email voting, the president should at least be sharing the vote counts with the board. If she isn’t, and especially if your rules don’t specifically require it, you should perhaps propose a special rule of order or perhaps even an amendment to the bylaws that requires that all email and electronically vote counts be shared with the board. Organizations which permit email Voting frequently require that all email votes be cc’d to all board members so that all board members are aware of exactly what is going on during the Vote. Do you have rules regarding how email votes are conducted? If not, and if they are permitted, then you probably need those rules. If the situation it is as bad as you say it is, it might also be worth considering disciplinary action against the president or even removing her from office. At a minimum, a motion of censure might be in order. See frequently asked question number 20 on the main website for some basic information about removing an officer from office.
  12. All board members have the right to attend meetings of the board, unless your bylaws say differently. Do you perhaps mean board members are not being allowed to attend meetings of the Personnel committee? Non-members of a committee do not have the right to attend a meeting of a committee. Do your bylaws allow email voting? If not, the votes are not valid, according to RONR.
  13. Yes, the officers and/or members of the Board could be subjected to disciplinary action for failure to carry out their duties. Punishment could range from simple censure (which can also be done by motion without going through a disciplinary process) to suspension, removal from office, or even expulsion from membership. If your club has its own provisions for discipline, those provisions would trump the rules on discipline in RONR. In the new 12th edition, discipline is covered in Chapter XX (Section 61). For brief information on removing officers before their terms are up, see FAQ No. 20: https://robertsrules.com/frequently-asked-questions/#faqs
  14. RONR is silent on that point. As Mr. Huynh stated so succinctly, your organization will have to decide on/interpret those details. Further action by the membership or the board, if the board has that power, is probably going to be necessary to work out those details or insert some dates. It can likely be done by amending the motion previously adopted to specify an effective date and an annual deadline for the inspection. Edited to add: The motion to amend something previously adopted, if made without previous notice, requires either a two-thirds vote or a vote of a majority of the entire membership. If previous notice of the motion is given, it can be adopted by a regular majority vote. (If it is the board taking the action, rather than the membership, then my reference above to "a majority of the entire membership" would apply to a majority of the entire membership of the board rather than the general membership. That is often easier to obtain in boards than a two thirds vote).
  15. Your organization will have to decide the details of its rules.
  16. Guest

    Bylaws and Elections

    It is mail ballot voting. I wasn't sure if there could be any recourse or disciplinary action for the current board for completely ignoring the fact that there is an election that needs to happen in September.
  17. Our boating club Board recently passed a rule requiring members boats to be “tested annually” to ensure their shore power cords are safe. The testing process is easy - its the calendar that is the problem. The rule doesn’t specify when the year starts & ends. The rule as passed makes no provision for implelentation, i.e., a date by which all members must be tested. With winter coming soon, and heaters being put onto boats for heat, some of us would like to get all the boats tested soon. 1. What does RRoO say about when the year starts & ends? In the absence of a specified date is it the calendar year by default? Is it the date the rule was passed? Or is RRoO silent on this point? 2. Upon passage of the rule, did all members immediately become out of compliance with the rule? Or do they have 365 days to get tested? Or do they have until the end of the current calendar year? 3. Is Board action required to clean this up if we want to require all boats to be tested before winter? Thanks!
  18. Does the board have the authority to hire and fire employees?
  19. I belong on a board for a small community theatre. The President has brought on friends who have a grudge against an employee. I know of this to be true because the President has told me in the past that they want to get this person fired. The President also put all of those people on the Personnel Committee and they caught all off guard by wanting to fire him after one of the meetings. The other board members are kept in the dark and have not been allowed to attend board meetings that the employee has requested and that the President granted. The President will not give direct answers to the board members nor will the President answer any emails from the board or the public who have ask questions pertaining to the matter. The President has lied about being at a "secretive" meeting and will not share any of the information with the board members. The President will not share the vote count on any decisions when it is done by email pertaining to this issue. We are non profit and our state is at will, so a majority of votes from the board can fire the employee at anytime. We are confused and need to know what the appropriate steps are to bring up before our board. Any information is appreciated!
  20. If this is a mail ballot, the only thing that could be done is to have the election as soon as possible. Is this a mail ballot or a vote at a meeting?
  21. Yesterday
  22. Guest

    Bylaws and Elections

    I am a member of a national club. Our members are all over the US. Our Bylaws state that a nominating committee is to be formed and announce their nominations on or before August 1st. Individuals can then petition to be on the ballot by August 24th. The bylaws go on to state "SECTION 3: Annual Election - The election of officers and delegate to The American Kennel Club (who may but need not be a director or officer of the Club) shall be conducted by secret ballot. Voting for candidates, if necessary, shall take place in September. The Secretary or an independent firm should send, receive and count ballots. The nominated candidate receiving the greatest number of votes for each office shall be declared elected. The results of the mail-in balloting shall be announced in the next Quarterly Newsletter." What actions can be taken if the Board fails to have an election during the month of September? The next newsletter is due to be published the first week of October and that should have the results in it. It is September 17 and I do not see the Board pulling off a mailed ballot election by the end of the month.
  23. Thank you all for your input as it is greatly appreciated.
  24. That doesn't change the answer. While arguably, the member should abstain, under the rules of RONR, she cannot be compelled to do so. If there are likely to be a lot of issues of this nature, then arguably she should even resign. But again, she cannot be compelled to do so. Since we are talking about an HOA, there may be applicable statutes that bear on the issue. If so, those would take precedence over RONR.
  25. The specific concern pertains to the Board recommending a proposed increases in quarterly assessments or for additional special capital improvement assessments. These recommendations are proposed in the long term interest of the Owners and the Association but would be an immediate detriment to anyone actively selling their unit as potential buyers are apt to walk away in the face of these increases in assessments and special assessments. The interest of the Board Member selling their unit is no longer aligned with the long term interest of the Owners who are looking to protect their investment value into the future.
  26. The general principle that is underlying Mr. J's questions are that the person or group who appointed/selected/elected the parliamentarian is the same one who can fill a vacancy or choose an interim parliamentarian. Your bylaws may allow a different group or person to do so (e.g., a board may have the authority to fill a vacancy in a position elected by the membership).
  27. Is the concern that this will impact the selling price of the home? That's a tricky business. A conflict of interest is a personal or pecuniary interest in matters to be decided not held in common with the other members. A person who is selling a unit, and whose price is therefore impacted by certain decisions has an interest, to be sure. But other members have the same interest - they like good property values, too. On the other hand, this person has a stronger interest in high values, for two reasons. First, money now is better than money later, and since this person will cash in their unit value now, it matters more to them. Second, everyone else will pay taxes for, presumably, some length of time on the property value. This individual is selling and thus will stop paying property tax, presumably before an assessment. Then there's a third issue. If the HOA considers, say, putting in a capital improvement and borrowing the money, it would enhance property values now, but be paid by future owners, i.e. not the selling owner. But there's yet another issue. As a board member, this individual represents a constituency. As was discussed at the recent National Leadership Conference, voters who represent a constituency should not abstain unless they must. So this member cannot act with an abundance of caution in this case. Nonetheless, the question of what issues she should recuse on is fact-dependent. I would think the member should consider the above issues, and, more generally, decide whether a particular issue before the board raises concerns for her that are not held in common with the others, and that constitute a personal or pecuniary interest. (An example of a personal interest would arise, for instance, if the board considered restraints on alienation.) In any case, so far as the rules in RONR are concerned, the member cannot be compelled to recuse.
  28. Yes. The board member is a board member until she resigns or becomes ineligible.
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