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Steven Britton

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Everything posted by Steven Britton

  1. In state statute, many states restrict voting by email by providing for taking action outside of a meeting through Unanimous Written Consent. You should contact a lawyer whether email voting is permitted in your jurisdiction.
  2. If RONR controls, if draft minutes are circulated to board members prior to the meeting where they will be approved, yes, the director is permitted to see the draft minutes. However, RONR does not require the circulation of draft minutes prior to their approval. If the minutes are not circulated prior to a meeting amongst members of the board, RONR requires there reading prior to approval.
  3. Laura, as Mr. Mervosh mentioned, RONR doesn't concern itself with audience comment at meetings of public governmental bodies. The answer is likely to be found in your state's version of its public open meetings act, or perhaps in your state's attorney general's rulings. Either way, the RONR forum doesn't dispense legal advise. You're better served by speaking with an attorney.
  4. According to RONR, as long as the recommendation of the committee was acted on by majority vote at the committee's meeting, the answer is yes. If the committee hasn't met, their report to the assembly can only contain what all committee members have agreed too. See the footnote on p.499, p. 503 (line 24 - 28) and p. 97-99 (concerning electronic meetings).
  5. You need to provide more detailed information regard your use of the term, executive meeting. Off hand, it could describe your board of directors entered into a closed or secret session, or it could mean a meeting of an executive committee, which is best described as a board within a board. To do the latter example, it would need to be prescribed in the bylaws.
  6. Fair enough, but normally, it's unusual that a small board would list good of the order in an order of business, but it could. After conclusion and before adjournment, the presider should nonetheless inquire if there is any further business to be brought before the assembly. There is nothing in the reference on p. 362 which prohibits the introduced of further new business prior to the meeting's adjournment.
  7. Yes, it's called new business. No, it's called new business.
  8. Why does it only take a majority vote to give a non-member the privilege to speak in debate, if no motion is pending? I'm thinking that this can only occur by suspending a rule of order, which can only occur by suspending rules in the parliamentary authority, and requires a two-thirds vote. It can't be accomplished by applying Limit or Extend Limits on Debate (as an incidental main motion).
  9. I don't believe it's a matter of absentee rights. The matter corresponds to an officer's duty, which in this case is performed outside of a meeting by the secretary, and can only be carried out by the officer. I don't believe the poster's personal email to all members somehow suffices to provide relief from the explicit requirement that the notice be announced in the meeting's call. If time permits, the secretary could also issue a revised call and provide the notice by using any mode of allowable transmittal.
  10. Nullity to the regular meeting notice?
  11. First, as it's true that a president's authority outside of a meeting is limited to what is provided for in the bylaws, we can't opine whether a president has overstepped their authority without taking a peek at the bylaws. Also, I don't believe the question you've described is one which can be appealed. That is, the appeal you've described is dilatory as discussed on p. 342 (line 19). Either previous notice was provided for at the previous meeting or was provided in the call, or it wasn't provided at all; your later email doesn't count. RONR doesn't provide for this sort of exception. However, if the assembly is smaller in size and all members attend the meeting, the need for previous notice is waived, as there are no absentees. That is, there is no one's right to protect and thus, a majority vote would suffice without the previous notice. If one, two or a few members are absent, an alternative threshold for adoption may be a majority vote of the entire membership. If time is not a factor, Mr. Martin's earlier solution is your best alternative.
  12. I agree with George. If the chair didn't call for nominations, and no one raised a point of order, I don't believe it's a continuing breach. However, if the bylaws prescribe for a ballot vote and make no provision for suspending that rule........
  13. Provided the bylaws authorize the calling of special meetings,
  14. Is this a meeting of a deliberative assembly? I'm not sure by what you're describing, that RONR would apply. However if it does, unless some other customized rule interferes, according to RONR, a motion to enter executive session is a motion of privilege; that is, a member could request the assembly enter executive session, but if another member objects, the chair should put the question to a vote, at the meeting. Nonetheless, you've mentioned this is a public water department, and there are often other rules outside of RONR which apply when dealing with such entities. Next time, please post a new question. The original post is from 2010
  15. If they're in attendance at the meeting, regardless of whether they choose to vote or not, according to RONR your assembly hasn't lost its quorum. Check your other rules to make sure there is no other rule which takes precedence.
  16. If the minimum number of members don't show up for the meeting, you can only properly take four actions (FARM)- Fix a time to which to Adjourn , Adjourn, Recess, or take Measures to get a sufficient number of members present - as an example: elect a special committee to call members and get some to show-up. Any actions other than those are improper, and a vote to ratify any other voted actions is needed at a later meeting.
  17. From what your describing, my question: Is this a local board, which provides for public comment during the course of the meeting? Many governmental boards do this. If it is, it sounds like a portion of your meeting is conducted as a proceeding. Nonetheless, during this portion of the meeting you would record the person's name and an abstract of what they bring to the assembly's attention is recorded. RONR doesn't require the abstract be verbatim. If I understand your question, it sounds like you're handling this situation consistent with p. 475 (line 26)
  18. There are parliamentarians in California who specificialize in HOA issues. My suggestion is to contact The California State Association of Parliamentarians for a more definitive answer.
  19. Without specifically seeing your organization's bylaws, we really can't say. Conceivably, there could be a prohibition from opening nominations at the annual meeting which wouldn't prohibit the voters from writing-in appropriate names.
  20. But the Heading for the topic states: Exoffixio Member,.... DUH!
  21. Dan - Our local NAP Unit is presenting a revision at our next meeting. Thank you for the info.
  22. p. 483: If the ex-officio member is not under the authority of your society, he has all the priviledges of board membership, including the right to make motions and to vote, but none of the obligations...... They would not be counted to determine the quorum. Based on what you've description, I would tend to suggest the ex-officio member is entitled to all priviledges of board membership, except the right to vote, or any other limitation placed on this ex-officio member's rights, in the bylaws. However, I can't really interpret your bylaws without having seen them. Take a look at Principles of Interpretation, p. 591 - 588.
  23. If I understand your question, your speaking about amending Bylaws, as a general revision. Begin by looking at p. 572 592 of RONR, Amendment of Bylaws (Section 57). Also be familiar with Section 28, Consider by Seriatim (by paragraph). Also, look at the current bylaws concerning what they may require concerning amendment. Edited: Thanks Robert
  24. Are minutes from a board meeting, or are they minutes from some other body; like meeting of the membership. If they're from a board meeting, only the current board may amend them. If' there from some other body within the organization, only that body may amend their minutes at a meeting of that body.
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