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jstackpo

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Posts posted by jstackpo

  1. Next time please post a new question (even though it has similarities with old ones) as a new topic.  This will avoid a mixture of responses that can get confusing.

    You have a mixture of parliamentary misbehavior and possible legal (contract relations) difficulties.

    Suggest that you fix or check out the latter before they get (possibly) worse.  Then we can take a shot at your parliamentary problems -- you do have some! 

    Be sure you post the parliamentary questions as new topics -- one question per topic will help.

  2. Since a "majority vote" is based on "those present and voting", and nobody is "present" in a mail vote, you will have to define "majority vote" for yourself in the section of the the bylaws that authorizes mail voting.

    Commonly the members who return a ballot (possibly even a blank one) are considered "present" and the majority decision is based on the count of ballots containing a vote.

    Whether "enough" ballots are returned -- a sort of pseudo-quorum -- is a separate question also to be specified in bylaws.

    The same considerations apply to e-mail voting.

  3. Since the motion (the recommendation phrased as "On behalf of the XXX Committee, I move that...") comes from a committee no second is needed. (No harm done if some enthusiastic member seconds anyway.)

    The motion is then handled as any main motion would be.    I don't know what you mean by "do pass".  Eventually the members vote "Yes" or "No" on the question of adopting the motion.

  4. Oh, I dunno, LSU Football seems like a continuing emergency to me.

    If, after a "suitable" interval, the meeting remains inquorate, the members can set an adjourned meeting (page 242) at a more convenient date (after the LSU football season) and adjourn (go home and watch the game).   That in effect does "postpone the meeting" but in a proper manner.

    I think, but others may correct me -- PLEASE DO -- that the adjourned meeting must be scheduled prior to the next regular meeting of your association.   Yes, true, page 244.

  5. Correct; a (fake) motion to "suspend", or the corrected "postpone", could ONLY be made in a meeting, when the item to be postponed was pending - or was known to be coming up at the meeting (that latter "postpone" would be an "incidental main motion".  Let's not go there.)

    Some orgs allow the president or the board (or someone) to reschedule an entire meeting for "emergency" reasons before that meeting time comes around, but that power must be in the bylaws.

    What kind of "emergencies" do you have in Santa Fe?

  6. If the parliamentarian(s) are really restricted to advising the chair (their proper roll) and they can settle between themselves who is in the advice giving position at any moment (and the other one keeps quiet), that might work out.  But if they have any other duties see https://www.dropbox.com/s/jbcnnjcq5l9eaux/Problems With co-anything.docx?dl=0

    Why does the org want to do this?  It is easy to think up invidious reasons.

    Will they have divided loyalties?

    Is the org willing to pay a double fee for their professional services?

  7. Unless there is some special rule in the bylaws about postponement before the meeting begins, any effort at "postponement" would have to take place AT the meeting, and what would be postponed would be consideration of whatever motion (bylaw amendment) was pending at the time. Postponement would also be limited to no more than a quarter in the future so it seems that 2012 is out of the question.

    Of course the meeting could set an adjourned meeting and then adjourn.  Or send the whole works to a committee.

    Lots of ways to delay.   Enjoy your flight!

  8. Using standard phrasing  helps with getting your point across:

    "Mr. Chairman, I move that....[exact statement of what you want]"  is sure clearer than

    "Mr Chairman, seems to me, I think, that it might just perhaps be a good idea (I'm not making a "motion", mind you just a suggestion for the membership) if we did [such and such] or maybe [this and that] or possibly [who knows] or maybe not..."

  9. A couple of observations to head off possible controversy later on:

    1).  You wrote: "changes to our bylaws require a 2/3rds majority of those present at the meeting"  Do you mean "a vote of 2/3 of those present and voting" or do you mean "a 2/3 vote of those present" whether the others abstain or not?  The latter is a more difficult threshold to reach,  and if the vote is close, can make a difference.  Your phrasing is a tad ambiguous; my two offerings are straight from RONR page 402 and are clearly defined in the book.

    2) As J.K. noted neither you, as moderator, nor the bylaws committee can, on your own, prevent floor amendments; only the membership can, by a 2/3 vote, do so.   Another possibility to consider if it seems that there are indeed going to be, or are, numerous floor amendments, is for someone to move to send the whole mishegas back to the bylaws committee for the committee to review and come back at a later meeting with appropriate adjustments to their original proposals.

  10. 1)  The "Service Gap":  Page 585, "Section 3" of the sample bylaws.   I'll let you have a go at figuring out the difficulty -- let you know tomorrow if you give up.

    2)  The "Logic Bomb":  p. 588, the last two lines of "Article VIII".                              ditto

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