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jstackpo

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Posts posted by jstackpo

  1. 56 minutes ago, George Mervosh said:

    and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.* "  RONR (11th ed.), pp. 263-64

    Note the very last phrase - here highlighted.  so if ALL the board members are present you can disregard the 24 hour notice.

    Don't make a habit of it, however, or you might come a cropper in the future.

  2. 12 minutes ago, Father Cadan said:

    A motion to "adopt the budget as distributed" is passed. The treasurer proceeds to write many checks of the budgeted fiscal year. Has the treasurer done something wrong?

    RONR doesn't say.  

    In the Federal Government budget process there is a distinction between "Authorize" (spending) and "Appropriate" (money).

    (At least I think that may be the distinction; I could never keep them straight.  I didn't do budgets in my working career.)

    What does your "Alliance" consider "adopt" to mean? Authorize?  Appropriate? Both?  Neither?  Only your association knows for sure. (Like hair color).  Maybe "obligate" is the right word.

  3. If you think the time is too short, couple of options...

    Encourage enough of your friends NOT to show up.  If enough stay away (this is a risk, of course), there will be no quorum, thus no business at the meeting.

    or

    Show up, then raise a point of order that the time was not "reasonable". If "enough" (i.e. a majority) of the folks at the meeting agree (another risk) that will end things.  'Course, you can also raise the point that the meeting was called improperly -- same risks.

    In short:  Democracy is a risky business.  (But we all knew that.)

  4. 17 minutes ago, Gary Novosielski said:

    Sunshine Laws, which, with some rare exceptions, require all votes to be in public and by the yeas and nays. 

    Under Sunshine laws you are familiar with, do all votes in ExecSess on substantial matters have to be cast in public view, or only the "Final" ("You're fired") vote. 

    Example  (a little far fetched):  if the original motion to fire your school administrator included a preamble listing the administrator's various sins, would amendments to that preamble have to be voted on in public?  Or just the end product, the adoption of the main motion, as it was amended in ExecSess?

  5. "Abstention" is well defined as "not voting" so those ballots marked as "abstain" (or whatever, like "a pox on both your houses") are equivalent to blank ballots found in the ballot box, or not returning a ballot at all:  NOT "COUNTED".

    Next election just don't include the "Abstain" option.  If somebody says it belongs, ask them where they got that rule?  (Not in RONR, for sure!)

  6. I recently attended a meeting that, for perfectly good reasons and by majority vote, went into Executive Session to consider a "sticky" issue, an issue that, by its nature, had "public" consequences, outside of the meeting, and thus was not covered by any secrecy requirements. (The discussion of the motion remains secret, of course.)

    When the time came to vote, the chair insisted that the assembly go out of ExecSess to vote, indeed asserting that it was not proper to vote on any issues when under the Session rules.

    Is there any backup for this requirement in RONR?  I could find none; indeed the paragraph on p. 96, lines 9-14 seems to imply that voting in ExecSess is perfectly OK, but does not directly say so. I couldn't find any (other) direct statement that in-session voting was kosher, either.  Are there any?

    I understand that some public bodies require by law that "final" votes on issues are required to be taken after the ExecSecc is ended, but such a law didn't apply at the meeting I attended.  Perhaps that is what the chair had in mind, thinking the law did apply.

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