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Robert B Fish

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    Parkersburg, West Virginia
  1. In some (many?) instances on this board, questions about immediate distribution of minutes suggest an underlying issue about the approval and content of the minutes. The purpose of the minutes is to record permanently what was DONE by the organization at a particular meeting. When you start using the minutes for other purposes - such as getting absent members up to speed on the discussion at the meeting or informing the membership or serving as a filing system for reports, then issues like these arise. Two notes from RONR: if the organization meets less frequently than quarterly, the assemb
  2. I"m wondering what sort of "item" you wish to place on the agenda. If you wish to make a motion, you can do that during new business without having the item on the agenda. (Some motions do require notice - such as amending the bylaws and rescinding a motion previously adopted by majority vote.) If you feel that, for some reason, your item must be on the agenda - perhaps you are wishing to make a report, etc. - at the beginning of the meeting when the agenda is presented, move to amend the agenda to insert your item. Majority vote required before the agenda is adopted. -Bob
  3. Apparently the quote was from the other forum. So what is the status of an organization that refuses to follow its own bylaws? -Bob
  4. It's been stated from time to time in this forum that if an organization will not enforce its own bylaws, it has ceased to be an organization (or words to that effect). An example might be that the executive committee chooses to act on a matter that is clearly beyond the scope of its authority as listed in the bylaws. A point of order is made at a meeting of the board of directors and the board decides on appeal, that, even though the meaning of the bylaws is clear, the point of order is not well taken. Other examples could range from a runaway president or the membership choosing to adopt a
  5. It would not be incorrect or an abuse of power, IMHO, for him/her to state "I am the president of the XYZ Group." The larger question is whether he is within bounds to state further "we favor enacting rules that would ban skateboarding on Main Street" without having had his organization take such a position. If he implied that the group favored such a position when, in fact, they had taken no such action, he could be subject to discipline by the group. OTOH, the group might decide to comment him for getting involved. -Bob
  6. Unless the bylaws specifically allow for this possibility, I just don't see how you can allow for the possibility of such a conditional election, since notice has not been given of the proposed change, etc. (Absent members who were convinced that John would win may have wished the opportunity to nominate someone other than Mary if John declined. The provisonal election denies the right to make that motion at an adjourned meeting.) -Bob
  7. I suggest that the moton - that the board of directors shall follow the bylaws - should have been ruled out of order because it is dilatory. Since it is required that the board of directors abide by the bylaws, consideration of such a motion is a waste of the assembly's time. See page 342, RONR, 11th ed. The proper motion to have made is a point of order, noting the action(s) taken that do not comply and asking that the chairman rule that such actions are null and void. [page 251] -Bob
  8. There is no rule in RONR that forbids it. Your organization might feel it is a good thing or not. -Bob
  9. Check your bylaws and follow those procedures for filling a vacancy. If your bylaws do not say anything about that, you must hold a special election for the unexpired term. -Bob
  10. If the bylaws require a ballot vote, you may not waive that requirement, even by unanimous vote. Otherwise, if there is only one candidate per slot, the chairman may declare those candidates to have been elected. -Bob
  11. It depends on the wording of your bylaws. If it says majority (5), or if it says 5, then it is 5 and you have a problem. If it says majority or doesn't actually say anything, then it is a majority of the voting positions, or 3. -Bob
  12. Usually applicable statutes control such meetings of public bodies. Those rules superscede RONR. If all members are present, you do not have rights of absent members to protect. In that case I believe that, by a 2/3 vote, you can decide to consider those items assuming again that applicable statutes do not conflict. -Bob
  13. I think you are asking about the presentation of the nominees of the nominating committee to the AGM. A slate would mean that all the officers are running on a single slate. Each of the nominees must be presented. You would not elect the past president as he/she moves into that position automatically. You must call for and accept nominations from the floor unless your bylaws say otherwise. -Bob
  14. What specifically is your question about the minutes? -Bob
  15. Since the committee has the authority to elect the officers and since you apparently have the authority to elect co-chairs, when one of the co-chairs resigns, the committee must hold a special election for the unexpired term. The old co-chair's replacement on the committee does NOT automatically fill that role unless you have some superior rule that says othersies. -Bob
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