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Weldon Merritt

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Everything posted by Weldon Merritt

  1. Since you say it is a municipality, you need too check the applicable statutes for any residency requirements they may have. And it would be prudent to ask the municipal attorney as well.
  2. Nothing in RONR would require that they step down. If there is any such requirement, it would have to be because of something on your bylaws. Otherwise, it seems to me that the only relevant question is whether they can continue to serve effectively after they move. If so, I see no need for them to resign. Of course, if they don't want to continue after moving, that's a different story.
  3. Seems like your problem stems in large part from your "loose adherence of Robert's Rules," whatever that means.
  4. Surprising things can happen in election, especially when it is by ballot. I recall an instance when a board I was a member of was voting to elect a board member to the executive committee, with two nominated candidates. The vote was still tied after several rounds of voting, so I considered changing my vote. Then I thought that if someone else also changed their vote, we the vote would be tied again, so I abstained instead. That should have resulted in election of the candidate for whom I had not been voting, assuming no one else changed their vote. But to my surprise, the candidate I supported was elected. Obviously, someone else did change their vote.
  5. Agreeing with Mr. Honemann, I will add that if there is a legitimate reason that the meeting cannot be held on the scheduled date, you could have one or two members show up at the scheduled date, time, and location, convene the meeting, set an adjourned meeting for a more suitable time (and location if necessary), then adjourn. Setting an adjourned meeting is one of the few items of business that can be conducted in the absence of a quorum.
  6. If it were up to me, I would want to commend her for being gutsy enough to do it.😁
  7. Sorry, George. I somehow overlooked the note in your signature. But I suppose it doesn't hurt to emphasize the point.
  8. This is true if the rules in RONR are the only ones that apply. But if you are talking about a governmental entity of some sort, there may be (and probably are) open meeting statutes that restrict what executive sessions can be used for. In that case, you would need to consult the applicable statute,
  9. No, thank you. I have no desire to read and interpret your bylaws on a free forum. It is the organization that needs to interpret them, and then amend the bylaws to remove any ambiguity. You will find some principles of interpretation at RONR (12th ed.) 56:68. Once the organization gets it figured out, I also recommend amending the bylaws to have the nomination committee elected by the membership rather than appointed by the president, and to remove the president's ex-officio membership from the committee. Certainly, your bylaws can vary from RONR; but in this instance, I think RONR has the better rule.
  10. The bylaws can properly be interpreted only as a whole. If I read only the part that says "no one on the nomination committee" (emphasis added), I would think that it applies to all members, regardless of how they became members and regardless of whether they actively participate. But there very well may be other provisions in the bylaws that would lead to a different interpretation.
  11. That's a matter of bylaws interpretation, which only your organization can properly do. But if you followed the RONR recommendations for a Nominating Committee, the issue wouldn't even arise. First of all, RONR says that the president should have nothing at all to do with the Nomination Committee, neither appointing it nor serving as a member. And RCNO also says that serving on the committee doesn't not disqualify a member from being nominated for office. But your bylaws provide otherwise, so you are stuck with their provisions until you can change them.
  12. I concur, assuming any motion would be necessary. But what is the default? In other words, what would happen if no motion at all was adopted? If the default is that members are inducted only if a motion to do so is adopted, then the desired result (no induction) would be accomplished by simply not adopting any motion.
  13. That's what I was trying to convey, but Dr. Kapur did it much more clearly.
  14. It depends on how much authority the bylaws delegate to the board. Some boards are delegated the power and some are not.
  15. Why would you think someone could not nominate self-nominate. Instead of asking for a rule that allows it, you might try asking of there is a rule that prohibits it. (The answer is "no.")
  16. Not so far as RONR is concerned. BTW, you don't have a board member; the board does. This may seem like a petty distinction, but I think it's actually important. Too many presidents seem to think they have more power and prestige than they actually do, and this sort of sloppy language contributes to that illusion.
  17. If there is nothing about email motions in your bylaws, then they are not allowed. The fact that others have been approved is irrelevant. If those "motions" were adopted other than at a regular or properly called special meeting, they are null and void. (This assumes that there is no applicable statute that allows the procedure. If there is, then that statute will control.) But since you say you have regular month meetings, just make you motion at one of those meetings. Your motion could either address the issue directly, or could be to set a special meeting to address the issue (assuming that the bylaws allow for special meetings).
  18. A recess is defined in RONR 20:1 as "a short intermission in the assembly's proceedings, commonly of only a few minutes, which does not close the meeting and after which business will immediately be resumed at exactly the point where it was interrupted." So I would say the answer to your question is no. However, you could achieve much the same result by first adopting a motion to Fix the Time to Which to Adjourn, setting an adjourned meeting for several days or weeks later (as long as it is before the next regular meeting and within a quarterly time interval), and then adjourning the current meeting.
  19. Do your bylaws allow a motion to be made and seconded by email? Does the board have regularly scheduled meetings?
  20. "Members in good standing are those whose rights as members of the assembly are not under suspension as a consequence of disciplinary proceedings or by operation of some specific provision in the bylaws." RONR (12the ed.) 1:13n3. And yes, unless it would violate some provision of the bylaws, a member may indeed be elected to office the same day they join. In fact, even a non-member may be elected to office unless the bylaws require that officers be members.
  21. I take it that you mean that the bylaws say that floor nominations may be made at the September meeting. But my question is, do they specify that they may be made only at that meeting. In other words, to they say something like, "Nominations from the floor may be made at the September meeting," or is it, "Nominations from the floor may be made only at the September meeting"? The wording makes a difference.
  22. Do your bylaws contain their own disciplinary provisions? If so, your answer should be found there. If not (as I suspect is the case or you probably wouldn't be asking the question), then the rules in Chapter XX of RONR apply. And in that case, an individual member may not "press charges" against another member. See RONR (12th ed.) 63:11. The most that an individual member may do is to move that an investigating committee be appointed to look into any possible offenses by the other member. The complete disciplinary procedures in RONR are too complicated to easily summarize here, so I suggest you get a copy of RONR and study Chapter XX very carefully before proceeding.
  23. Do your bylaws specifically say that nominations from the floor are allowed only at the September meeting? If not, then you still must call for them at the November meeting.
  24. Only if the church's bylaws (or equivalent governing document by another name) allow it.
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