writing a motion to censure

[gregory]

I am writing the following motion....

I move the meeting chair be censured for failing to perform the duties of the chair properly.

Our membership meeting Chairperson specifically violated bylaw Article VII (e) which states: The Executive Board shall set salaries and expenses for all Officers, subject to the approval of the membership at membership meetings.

I made a motion at the most recent membership meeting stating "I move the the membership will vote to approve or not approve the salaries and expenses paid to all Officers as per our bylaw VII (e). The motion was seconded and the Chair ruled the motion out of order, I then moved to appeal the decions of the Chair, the appeal was seconded. The membership then voted 10 to zero to overturn the decision of the Chair. The Chair then ruled the appeal out of order.

The Chair stated the motion was out of order because the current salaries of the Executive Board were SET by previous Executive Board Officers. NOT him or the current Executive Board.

My questions are: Is the Chairs decision actually correct?

Also, when writing a motion to censure the Chair is it necessary to state the reason for the censure. Also, any sugestions or improvements to get the wording just right would be helpful.

[Josh Martin]

My questions are: Is the Chairs decision actually correct?

This question involves an interpretation of the organization's Bylaws, not RONR. As such, it is up to the organization to interpret its Bylaws. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation.

Also, when writing a motion to censure the Chair is it necessary to state the reason for the censure.

No.

[hmtcastle]

I am writing the following motion....

I move the meeting chair be censured for failing to perform the duties of the chair properly.

. . . when writing a motion to censure the Chair is it necessary to state the reason for the censure.

The passive voice should be avoided (as some of the regular on this forum never tire of saying) and you don't indicate just who will do the censuring. Better to say something like, "I move that the Society censure Chairman Jones for failing to properly perform the duties of the chair".

[Kim Goldsworthy]

The Chair stated the motion was out of order because the current salaries of the Executive Board were SET by previous Executive Board Officers. NOT him or the current Executive Board.

Is the Chairs decision actually correct?

I don't understand your chair's reasoning.

Why would your chair refer to a past body?

Q1. Is your chair implying, "Once set, a salary is impossible to change"?

Q2. Is your chair implying, "No decision of an old executive board may be amended nor rescinded by a future executive board"?

(Both of my implications are nonsense implications. They are not valid. Thus my question of clarification. The chair's argument does not stand, if the ordinary rules apply.)

[gregory]

I don't understand your chair's reasoning.

Why would your chair refer to a past body?

Q1. Is your chair implying, "Once set, a salary is impossible to change"?

Q2. Is your chair implying, "No decision of an old executive board may be amended nor rescinded by a future executive board"?

(Both of my implications are nonsense implications. They are not valid. Thus my question of clarification. The chair's argument does not stand, if the ordinary rules apply.)

Kim,

I don't understand our Chairs reasoning either, the only motiivation I can see is his need to protect his own (excessive) pay. His motivation MAY be to not allow the motion because if the membership does not approve the pay of the Officers on the Executive Board, which includes him, then he may be forced to lower his pay. I will renew the motion on the 26th of October and appeal the decision as well as the motion to censure, but when the President does whatever he wants, what other options do I have? Plus I will look up the info on Page 570 in RONR as well. We'll see what happens.

[Gary Novosielski]

I made a motion at the most recent membership meeting stating "I move the the membership will vote to approve or not approve the salaries and expenses paid to all Officers as per our bylaw VII (e). The motion was seconded and the Chair ruled the motion out of order, I then moved to appeal the decions of the Chair, the appeal was seconded. The membership then voted 10 to zero to overturn the decision of the Chair. The Chair then ruled the appeal out of order.

The chair ruled the APPEAL out of order!?

Obviously, that's not possible. If it were, there would be no such thing as an appeal. Once an appeal has been made and seconded, the matter is taken out of the chair's hands and placed before the assembly.

The chair's ONLY rights at that point are to explain the reasoning behind his ruling, allow discussion of the merits of the ruling, and if he chooses, speak last before taking the vote. He MUST then put the question: "Shall the decision of the chair be sustained?" (In case of a tie, the chair's ruling is sustained, but it looks like you didn't have to worry about that.)

A chair who would rule an appeal out of order is lucky to get away with a mere censure, if you ask me.

(I note for the record that you did not ask me. I'm just sayin'.)

[Josh Martin]

I will renew the motion on the 26th of October and appeal the decision as well as the motion to censure, but when the President does whatever he wants, what other options do I have?

Well, you might want to consider more severe disciplinary actions than a motion to censure. See FAQ #20 and Official Interpretation 2006-2.