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Bruce Lages

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Everything posted by Bruce Lages

  1. In that case, then it seems to me that amending the rule that only certain motions will be permitted as 'interrupting motions' to include other motions will require a majority vote, but once this, and any other amendments to specific rules are dealt with, you will need a 2/3 vote to adopt the entire set of proposed standing rules. The 2/3 vote is required if any of the rules by themselves would require a 2/3 vote to adopt, for example any rule - such as the one in question here - that can be considered to be a special rule of order. See RONR, 12th ed., 59:30-34.
  2. Could you clarify what you mean by "...a motion is made to change policy and there is a second motion and then voted on..."? What, specifically, were these two motions?
  3. The section cited by Mr. Martin, entitled Reports of Executive Officers, makes reference to the president and vice president only. I can't find any other reference in RONR to the term 'executive officers'. Does this imply that only the president and vice president are considered to be executive officers and that only for their reports, someone else should make any motion arising out of the report?
  4. The latter. However, if the report includes recommended action, the officer, unless the chair, would make a motion to implement the recommended action.
  5. I stand corrected on the first part of my response. I didn't pick up on the fact that the requested rule was being offered as an amendment to the convention standing rules.
  6. Look at RONR, 12th ed., 59:35, especially section 1 of that paragraph. The rules you cited would be considered special rules of order in an ordinary organization, and would therefore require a 2/3 vote if being adopted initially as part of the convention standing rules. If what you want to do is amend an already established convention standing rule, it will also take a 2/3 vote or a vote of a majority of all the delegates who have been registered (59:36).
  7. Remember also that if this is a relatively small board (not more than about 12 members) operating under the relaxed rules for such boards (RONR, 12th ed. 49:21), the chair can participate fully in debate, so that whether the chair presents the committee report or not, he or she can fully participate in any debate that may arise out of the committee's recommendations.
  8. I don't think so. According to RONR, a second is for the purpose of ensuring that more than one member wishes to consider a motion. Whether a member has one or more than one vote is immaterial.
  9. The bylaw wording you quoted states when the terms of Board members begins, but is there other wording somewhere that describes how long the terms of office last? That will be the important statement that determines whether or not your officers remain in office until an election can be held.
  10. From what is written it seems that the organization properly authorized the expenditure of funds for this project, and that the individual provided the funds properly dispersed them to the vendor. Now it seems that, after approval and payment to the vendor, something has changed as to the need for this project. I don't see how the member who was given the money for the project can be held accountable for this change of circumstance. I guess the organization could pass a motion requesting return of the payment from the vendor, but that could very well be a long shot depending on exactly what ca
  11. Strictly speaking, only until 'their successors are elected', whether that takes another year, a shorter time, or a longer time. Of course you are obligated to conduct a new election as soon as it's feasible to do so.
  12. "Whenever a vote is to be taken by ballot, it is out of order to move that one person - the secretary, for example, cast the ballot of the assembly" (RONR, p. 413, l. 10-12). So , no this is not proper procedure according to RONR. Declaring an unopposed candidate elected by acclamation is proper procedure if your rules don't require a ballot vote. Your rules clearly do require a ballot vote, so you need to hold an election by ballot, even for an unopposed candidate. Note also that voting yes/no, whether for a single candidate or for multiple candidates is also not in order. The ballots
  13. Yes, the procedures for election of officers would fall under the rules in RONR unless your rules provide for a different procedure. It looks like your Constitution does not include specific procedures for conducting elections, but it does state the term of office for your officers - one year from the July meeting. That term of office means that, unfortunately, your small group is correct, and you currently have no officers. RONR recommends that terms of office be given as ' x years and until (or 'or until') their successors are elected'. If you had that definition, your officers from the prev
  14. Guest Ann - I don't believe that Mr. Brown said that the board is definitely the body which needs to accept the president's resignation. Please note his statement that "Whichever body is authorized to fill vacancies may generally accept resignations'. Since in your case, where the vice president automatically assumes the office of president (which is also RONR's position), there would appear to be no specific action required by any body to fill the vacancy. In that case, the resignation should be accepted by the same body which elects the president, and that could be either the board or the ge
  15. Why can't you do both? I suspect that in an overwhelming majority of cases, an election to fill a vacancy will occur at a different time than an 'annual election', where you are electing candidates for offices whose terms are already known to be expiring. If you're dealing with a vacancy arising at any other time, then that election is different from the 'annual election'. Use the method your bylaws prescribe for each type of election. There's also nothing preventing you from amending your bylaws to prescribe only one election format, to be used for both the annual election and a vacancy
  16. No, not unless your bylaws (where the quorum requirements should be stated) allow for their suspension.
  17. The terms are described in RONR, but not in the same way that your assembly president is using them. RONR uses 'uncontested' to describe an election in which there are the same number of nominees as there are positions open. In this case, if an assembly's rules did not require a ballot vote, the nominees would be declared elected by the chair, no vote necessary. Vacancies as described in RONR refer to positions in which the office holder(s) are no longer serving, for various reasons such as resignation, removal, death, etc., before the term of office has expired. In your case, where there
  18. The bylaws also seem to be in conflict regarding the term of office. Article V states in Section 2 that the term of office "shall be one year, beginning at the first board meeting following the annual meeting", with no mention of serving and/or until their successors are elected. However, further down in Section 3 it states "The Board of Directors shall serve for one year or until their successors are duly elected at the next annual meeting." This really clouds the issue to Guest Ziggy's initial question. I don't see any obvious way to resolve those conflicting statements.
  19. Yes, a member may respond by saying "pass" in order to be called on later after all other members' have been called initially. RONR describes this procedure on p. 421 of the 11th edition.
  20. Since a quorum to decide a case is six, it seems like, for many cases, a majority of the quorum doesn't even carry the day at the Supreme Court đŸ¥º
  21. Please disabuse yourself of this concept of 'majority of the quorum' having anything to do with voting thresholds. RONR does not use this phrase in any way connected to voting. Many ordinary societies set their quorum (the minimum number of voting members who must be present in a meeting for business to be conducted) at a relatively low number, compared to their total membership. RONR recommends that the quorum be set at the maximum number of members who can be reasonably depended upon to be present at a meeting (p, 346, l.28-30), in order to ensure that most meetings will be able to cond
  22. Assuming that special meetings are authorized for your organization, I don't see that you can have a special meeting just to "vote on the motion that was made". From your description of the events at the meeting in question, it appears that the motion was made, but never seconded or stated by the chair - two steps necessary to place the motion before the assembly for their consideration. Therefore, that motion is now dead. if you do have a special meeting, the motion will need to be made again, seconded, and then discussed and voted on by the assembly. If that motion had been pending at t
  23. You can discuss as many topics as you'd like in closed session (what RONR calls executive session). You can hold an entire meeting in closed session if the assembly desires (by a majority vote). You could also come in and out of closed session to discuss each topic, but there is certainly no need to do that if you have multiple topics to deal with. The exception might be in a governing body which is required to conduct all voting in open session. But for an ordinary society it wouldn't make much sense to move into and out of closed session for each different topic to be discussed.
  24. If your governing documents do not make the executive officers members of the senate, then according to RONR they would have no rights with respect to the conduct of business in the senate. This would include having no right to speak - either in the course of debate or not - and certainly no right to vote. Although RONR would also not grant the executive officers a right to attend senate sessions, since you indicate that your meetings are subject to an open meeting law, this would override the restriction imposed by RONR. Whether the senate president is also subject to certain restrictio
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