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J. J.

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Everything posted by J. J.

  1. I have seen some severe conflict of interest requirements in bylaws, but never one that extreme.
  2. RONR actually recommends a fixed quorum and requires that resignations be accepted. I can understand the latter. I can see similar situations existing with the sample bylaws in RONR. Also, since something similar was reported by General Robert in 1923, I do not agree that things of this nature could not be anticipated.
  3. You would also have 40:7 through 40:9 that would permit the inquorate meeting too take action to get a quorum, including filling a vacancy.
  4. Just looking at RONR, I would not say it is prohibited, though it might not be advisable or something you'd like to do.
  5. It is a situation, however, where it does conduct this function in the absence of a quorum. It still becomes of a question of how the problem is solved. If the assembly cannot get sufficient members to conduct business, what does it do? It cannot, technically, even dissolve.
  6. As 22-ish as a convention approving a list of its own delegates.
  7. I add that the ability to hold special meetings must be authorized in the bylaws.
  8. And is there another solution, assuming that the bylaws give exclusive control on filling vacancies to the board?
  9. I don't see a difference. The meeting becomes quorate upon the ratification of the action taken at the previous meeting. The act of the meeting becoming quorate, and of the accepting of the resignations, is simultaneous. It, to me, is similar in principle to Question 107 in Parliamentary Law.
  10. Why would that be? Let me give you this analogy. A question, a main motion, is put at an inquorate meeting. The question is one that has to adopted at a quorate At that point, enough members come in to make a quorum. Does that meeting have the authority to adopt that motion?
  11. It is no longer inquorate, once ratification occurs. It would only be an inquorate meeting until that ratification happens. I will concede, readily, that until ratification, a point of order will be legitimate.
  12. At the point the resignations are accepted, there would be 3 members. At least three of the four members could show up and vote against ratification, but once accomplished, no point of order could be raised.
  13. Accept the resignations at an inquorate meeting. Then, at a future quorate meeting, ratify the action.
  14. A resignation should be accepted and the acceptance should be recorded. Opinions and conversations should not (48:4). That said, there in no prohibition on the secretary recording the minutes based on a YouTube video.
  15. Unless the group is prohibited by some higher rule, they could certainly order a ballot vote, by majority vote.
  16. I think that this is a general prohibition on the board, one that can be set aside b 2/3 of the members attending a board, provided that there is proper notice. It has nothing to do with raising dues, which confused me in your initial post. Renting a venue for a meeting prior to the start of the fiscal year would not be applicable. However, entering into a contract that involves payments in the next fiscal year would. If that is the case, and proper notice was given, the motion may be considered. It will require a 2/3 vote of the board members attending the meeting. As noted by
  17. J. J.

    Corp seal

    That is a legal question and beyond the scope of this forum.
  18. It would make a difference in determining if it was a breach of a continuing nature (23:6 e, 25:11). If nominations were improperly closed, that, in itself, could not invalidate the election after the fact. That is a technical thing, but I have seen attempts to invalidate an election on those, or similar, grounds.
  19. I think that, technically, the rules could be suspended to prohibit nominations from the floor. However, the rule protects a minority of one, and 25:2, #7 would apply. If there were an objection, then the rule could not be suspended. I don't see anything in text that says that it is a basic right of an individual member to make a nomination for an office.
  20. If the chair counts the vote at his own volition (29:6), would he necessarily have to announce the totals? I could see a chair counting a standing vote mentally, and not articulating the results.
  21. I think the last line of 51:71 applies. Whether it is a minority of one or greater. As noted, no minority report can be received without the permission of the assembly.
  22. Since there appears to be no adopted authority, your organization may have established one by custom. When there is a parliamentary question, is there a set of rules your organization looks at to reach a decision?
  23. In small boards, seconding a motion is not necessary. If you are a member of this board, and you really want to second it, you can.
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