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Robert B Fish

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    Parkersburg, West Virginia
  1. It depends on your bylaws. If the bylaws somehow require them to act on a presidential appointment, i.e."The Executive Committee shall give and up or down vote..." then they must act. Otherwise, they could just decline to act. The "pocket veto" possibility by the POTUS has existed for a long time. -Bob
  2. Under the bylaws, she would be eligible to request a LOA for the following year. Question for you: what would happen if she simply acted AS IF she were on LOA beginning immediately? i.e. didn't attend meetings and didn't pay dues? -Bob
  3. While not a rule, experience teaches that after the motion fails the first time, it is unlikely to gain a majority during the same session unless there is something really new to present. If so, the motion to reconsider (page 315ff), or a motion to suspend the rules (page 260ff) would be appropriate. -Bob
  4. There is no requirement that the board must honor the membership "requests." Anyone may REQUEST that certain board members resign but there is no requirement that those board members do so. They may decide, however, that they have had enough of a few members trying to micromanage the board that their service in that office is not worth the aggravation and resign. When other members take those board positions, the former board members can micromanage them. -Bob
  5. However, if the case were that the leadership disliked operating with the recently approved bylaws and simply chose to ignore them, it would also be in order to move to censure the Chairman for failure to incorporate the approved change into the operating bylaws. I'd expect that motion would at least get you a good discussion on the matter, even if you graciously ask permission to withdraw the motion. -Bob
  6. Note also that the principle of a quorum is a minute to minute issue. As soon as the chairman becomes aware that a quorum no longer exists, it is his responsibility to note that fact and suspend business, except for the 4 business items that may be conducted in the absence of a quorum. They are: adjourn, recess, take steps to obtain a quorum, or set the time to which to adjourn. If it can be established that the organization to other actions in the absence of a quorum, those actions are null and void. -Bob
  7. See the following quote from Robert's Rules of Order Newly Revised: "Except in matters placed by the bylaws exclusively under the control of the board, the society's assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late. It should be noted, however, that exactly the opposite condition prevails in connection with boards of business corporations, in which the board has exclusive power and authority to operate the business." [page 483, RONR, 11th ed.] -Bob
  8. Thanks, Ernie. This forum is a wonderful resource. -Bob
  9. However, nothing in Dan's response should be taken to infer that the approval of the minutes can be used as a way to "rewrite history." As the post said, the motion was "resoundingly approved" and no member raised a timely point of order about the irregularities presented in the post. Therefore, the status of the motion should be that it passed and the minutes should confirm that outcome. -Bob
  10. Adding to Richard Brown's statement above, it's nearly impossible to make anything in this world "permanent" except by having it complete. (If you've spent the money, you can't 'unspend' it. "As a general rule, one session cannot place a question beyond the reach of a majority at a later session except through the process of adopting a special rule of order or an amendment to the bylaws (either of which requires more than a majority vote). [page 87] So, even if the motion were to say, "This rule cannot be suspended or rescinded." that would not prevent a future session (usually: meeting
  11. The wording of your bylaws should be tightened. Carefully allow what you want to allow. Preclude what you don't want to ever allow. Allow exceptions if that's what you want. Your current bylaws don't say "ONLY one additional three-year term." If you really don't want people serving more than six years on the board, consider a wording like, "No person shall serve consecutive terms on the Board, either full or partial, aggregating more than six years. A board member who has served six consecutive years shall be ineligible to serve as a Board member for one year." -Bob
  12. First of all, your organization must interpret its own bylaws for your selves. Having noted that caveat, Note that your bylaws contain several provisions that would be good subjects for amendment. In the first case, conditions could arise where it would be advisable to have a neutral chairman - a non-voting person from outside your board - preside. Assuming you have paraphrased your bylaws accurately, that is prohibited. Secondly, only allowing the chairman to vote in the case of a tie for such a small body seriously dilutes his power. As noted above, you should consider allowing adoptio
  13. However, nothing in RONR would prevent the committee in question from allowing the proposed new members to attend the meeting and speak in debate, although they could not make motions or vote. "Come to the committee meeting. Hopefully you will enjoy it and we will be able to vote to make you a member of the committee at our next meeting of the organization." -Bob
  14. In addition, for anyone who would argue that the rewording is simply an editorial exercise, note the substantive change in the proposal by eliminating the due date (December 31) for the payment. The proposed amendments must be submitted to the membership for their vote. -Bob
  15. This is a real situation that I've "changed to protect [whoever]." I'm seeking a solution, rather than statements - which will likely come anyhow - that the organization should have thought of that or that then need to figure it out. (Both are true but that doesn't change the situation.) The organization is a national one and is divided into 10 districts of approximately equal membership, most spanning several states. The CONSTITUTION states that each district shall have 2 delegates to the Executive Council but that no district may have more than one delegate from an individual state. Th
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