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J. J.

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Everything posted by J. J.

  1. Your first paragraph is correct, if this is what happened: On the first ballot that were a total 40 ballots that included at least one vote. In that case A and B were elected. They have more than half of the vote cast On the second ballot, there are no new nominees and no write-in votes. The only votes are cast for C. If the same 10 people vote for C, C gets 10 votes and no one else gets any (though there might be 30 blank ballots); C will be elected. 10 is more than half of 10, so C is elected. If C only had 1 vote and the other 39 ballots were blank, C would still have more than half of 1, and be elected. The only way that this could happen is if no one voted for C after the first ballot, which is unlikely.
  2. Actually, the second edition changes that to an extent.
  3. You presumption is right, but your answer leads to that conclusion.
  4. So, you couldn't rescind and expunge because it wasn't an error?
  5. That is not what the question was, however. It was to rescind the appointment to a delegate. Once a delegate is seated, by his inclusion on the approved roll of delegates, a "challenge," is not in order. RONR provides that the seat may be contested prior to the adoption of that report (59:24). Once the report is adopted, there cannot be a contest involving a seated delegate. If there is an error, a point of order, possibly followed by an appeal, would correct that error. My answer is the same for a delegation If we were not discussing delegate, but a society using the sample bylaws in RONR, would you claim that the vote to approve some person's membership could be rescinded, even after he was notified? If that person was found not to have ever been resident of the location, would you require rescission rather than a point of order/appeal to rectify the situation?
  6. This isn't a "challenge" to a delegate. It is removing someone, without a claim of ineligibility, from membership.
  7. Adopting a credentials report does determine who is, and who is not, a member of the body that is meeting, the convention. 35:6 (c) would apply. In the case of an error, i.e. some delegate is ineligible to serve as a delegate, a point of order would be used.
  8. Why wouldn't 35:6 c apply? Let's exclude a possibility of a bylaw change, which could remove members.
  9. The logic, in part, is that there is a record of the assembly not approving an action. That may well come into play if a board should try to take the same action (49:7).
  10. It does make sense to include it, though I wish the text would be a bit more clear. Further, this came up last night in a group I was advising.
  11. I generally agree with Dr. Kapur and Mr. Lages, I would note that if the minutes in question have not yet been approved, they may be "corrected," or in actuality amended, to include the additional information.
  12. The assembly can limit debate before that, if they choose to.
  13. When the member stops speaking after the first ten minutes, another member may be recognized and move the Previous Question.
  14. Did you have a meeting where the letter was read or introduced into business. (Just for the record, is this a Pennsylvania Borough?)
  15. What if the chair and or members serve for a term "and until their successors are elected (51:14)?"
  16. He would, most likely, resign if he is elected. You would have a vacancy in the board member position.
  17. Sure, he can request it; that does not mean the request will be granted. Is the permanent record the minutes?
  18. The letter could be a result of the board's action. Please quote the bylaw provision regarding term of office, exactly.
  19. There is in the 12th edition of RONR (61:2). At no point is there a hint that the duration of the suspension is limited.
  20. We know that the bylaws of the society, the Club, provide that a member may purchase a life membership for a fee of $150.00. They will retain all the rights of membership but not have to pay the annual dues of $15.00. So it is a question if it is in order for the Club to buy life membership for a member. That is all.
  21. Membership is implicit, where individual membership exists.
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