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Bruce Lages

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Everything posted by Bruce Lages

  1. Well, I think I need to revise that answer 2. somewhat. I said that the motion to rescind would be pending even if the motion to reconsider were adopted, but in re-reading the p. 78-79 reference it seems clear that the motion to reconsider can only be made when any other motion is pending, but would not be taken up at that time if another motion is pending ("but its consideration has only the rank of the motion to be reconsidered" [p. 79, ll. 2-4] -which in this case is a main motion). I think the rest of point 2 above still stands, in that the motion to rescind is still the pending motion af
  2. I would guess that: 1. The making of the motion to reconsider is definitely in order, based on p. 317, ll. 21-23, but the actual consideration would not be in order at the same time, based on. p. 78, l.33 - p. 79, l.5. 2. Based on 1. above, I don't think the motion to rescind becomes out of order, and even if reconsider is adopted, again becomes the pending motion after the vote on reconsider. 3. Not applicable, if 1. and 2. above are correct.
  3. According to RONR, the names of the presiding officer and the secretary, and those who make main motions should appear in the minutes, but there is certainly no requirement that the name and address of any member be included in the minutes. Is this a rule of your organization, and, if so, why?
  4. Perhaps for the 12th edition?
  5. Just be aware that if the chair's ruling or the result of the appeal is that the motion is declared in violation of the constitution, then that motion will not be 'back in play' - ["No main motion is in order that conflicts with the corporate charter, constitution, or bylaws..." (RONR. 11th ed. p. 111, ll.4-10)] - so I think a subsequent point of order about the motion being made by a non-member would probably be moot.
  6. If Robert's Rules (RONR) is the only authority that governs then: 1) yes 2) yes 3) since RONR states that the chair appoints the tellers, your request would have to be in the form of a motion to suspend the rules (RONR,11th ed. section 25 on p. 260) to appoint different tellers - a 2/3 vote would be required. However it is possible that your association's own rules and/or applicable state or local laws may also apply to these situations. You need to check them carefully, since they would take precedence over what RONR has to say.
  7. Unless your rules say otherwise, a member need not be present to be nominated or elected. However, your election will not be complete until this member is informed of his election and agrees to accept the position. If he does not accept the position, you'll need to conduct another round of balloting to elect someone else. You might also need to (or want to) re-open nominations for this position.
  8. Guest Arnie - can you just clarify for us - the pastor, his daughter, and his son-in-law are all members of the board? And the board is the body that will decide on his contract?
  9. Do your rules specificallly define 'conflict of interest' and how that affects voting rights?
  10. Josh - did a 'not' hole find its way into that sentence?
  11. I would just point out that it's not really clear which body has the right to set the rules for this committee since the original post states "our organization has a marketing and publicity committee..." and that "a majority of board members has become dissatisfied with this situation...". Thus we can't tell whether this is a committee of the organization or a committee of the board.
  12. Since the motion to amend was defeated, couldn't that amendment be offered again at the next (quorate) meeting, as long as the next meeting is a separate session and not a continuation of the inquorate meeting?
  13. I have seen here on previous occasions complaints that members did not understand motions they were voting on, but this is the first time I've heard that members didn't understand they were voting to elect officers (which I assume is something that occurs at prescribed intervals in your organization). In keeping with Gary's question, can you tell us how this election managed to be disguised to the extent that members didn't know what was happening?
  14. In a situation like this, could the society grant the authority to call special meetings to the president, the board, or a fixed number of members by a main motion until such time as the bylaws could be amended (where that process may take some time), or would this have to be done as a special riule of order?
  15. Subject to legal and charter-related restrictions, organizations can pretty much put anything they want in their bylaws.
  16. No - one session (which in most cases is the same as one meeting) cannot, by an ordinary main motion, prevent future sessions from considering any legitimate item of business. Edited to add: although there are certain conditions under which a future sesion could not consider a given item of business, but they do not apply to the question as asked.
  17. The board members are not correct. A defeated motion can be made again (known as renewing the motion) at any subsequent session by any member. This process can be repeated ad infinitum.
  18. And I hope that your example is a purely hypothetical one, because I believe most people here would agree that, unless you have some very unusual circumstances, specifying a length of time for your meetings in your bylaws is neither necessary nor wise.
  19. Although on p. 349, ll.16-19, it says "Any member noticing the apparent absence of a quorum can make a point of order to that effect at any time so long as he does not interrupt a person who is speaking." (my emphasis). Perhaps this is a case of a specific provision taking precedence over a general provision?
  20. Addressing your first question - yes, it would be out of order to begin discussing postponement of the main question without a motion to that effect. The chair should ask that member if he wishes to make the motion to postpone to a certain time. The time to debate whether the main motion should or should not be postponed is after the motion to postpone is made and seconded. As to your second question - no, nothing else needs to be done to the main motion if the motion to postone is adopted. The chair announces that the motion is postponed to whatever date is set by the motion to postpone, and
  21. What specific 'voting outcomes' are you looking for? Certainly the minutes should include all motions made and how they are acted upon - adopted, defeated, postponed, referred to committee, e.g. - but vote counts, if that's what you want to see, are not usually given unless the vote is actually taken as a counted vote. If you want to know the vote counts, your membership could adopt a special rule of order requiring the executive committee to take all votes as counted votes.
  22. Not according to RONR. Is there something in your rules that makes you think it should fail?
  23. Do your bylaws state that only the president can call a meeting of the general membership? Check them carefully because that would be a rather unusual provision. They may provide other options for calling a membership meeting.
  24. Josh - if the bylaws stipulate the general areas of interest assigned to the standing committee(s), and the committee is considering an item within its assigned area, is it in order to discharge the committee from further consideration of that item?
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