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J. J.

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Everything posted by J. J.

  1. I am convinced that it would not be case in some circumstances, e.g. a board removing a member of the assembly without bylaw authorization permitting the board to do it.
  2. It would depend on what your bylaws say about the Board.
  3. The minutes could certainly be corrected prior to approval.
  4. I would say that it should be recorded, even if "roll call" was the only way to do it. Certainly they could use unanimous consent and it would be technically possible to have a voice vote. That said, It would be far better to have this clarified by a special rule.
  5. I would add that, should you refuse to carry out the proper policies, you may be subject, properly to disciplinary action. You might wish to check out the article "Follow, Fight, or Flee," National Parliamentarian, 4thQuarter, 2013
  6. The majority decided this issue. While this will sound harsh, on a personal basis, you can either go along with this decision or resign. It might be possible for the board to rescind the action.
  7. Presumably the qualifications for office are placed in the bylaws. Additional qualifications placed in some lesser rule would fall under the citation you have cited.
  8. I agree with my colleagues and will add a point following Mr. Merritt's comments. Nominations are debatable, so you could state the candidate had resigned and that you do not think, for that reason, he shoud be elected.
  9. How about "Because?" (Personally, I like the formality of "Whereas," if there is going to be a preamble.)
  10. Agreeing with both my colleagues, if the bylaws would say something along the lines that "only those people nominated shall be eligible for election," that an nomination would be required. That would create a condition of eligibility. In this particular case, there was a nomination, so even that rule would not apply.
  11. I agree with Mr. Martin and will note two things. 1. If this was a ballot or roll call vote, nominations are not strictly needed (p. 430, ll. 17-20). 2. It would be possible to suspend the rules to permit a non-member to make a nomination. RONR notes that "the rules cannot be suspended so as to give the right to vote to a nonmember p. 263, ll. 22-23)," there is no prohibition on suspending the rules to permit a nonmember to make a motion.
  12. I will with my colleagues Mr. Brown and Dr. Kapur. This is not an election for office and those rules do not apply. I will, however, note the nature of an endorsement, in the general case. It is a formal recommendation to vote for someone for an office. When there is only one office to be filled, the voter is being asked to to effectively cast an illegal vote of more candidates than there are offices. The group endorsing may not wish to do that. If there was a desire to state that this group would find some candidates acceptable for a certain office and other candidates not acceptable, that would be a solution, Some groups in my state say "qualified" and "not qualified." There may be many candidates for an office that could be found to be "qualified."
  13. It each meeting is a different session, then it could be made again, renewed, at the next meeting,
  14. I think it would be in order. The question is if there should by an official, not just it it should be the banana.
  15. All of her rights of membership membership may be suspended, but a member without rights is still a member.
  16. You must attempt to fill the vacancy. The only way to do away with the office is to amend the bylaws.
  17. A person may be a member, but not a member in good standing.
  18. I think I am on same page as Mr. Martin. If someone has been suspended from membership, it is a suspension of all of their rights of membership, excluding disciplinary action. I would not make the argument, for example, that the assembly could not further discipline a suspended member, and expel that member, if some new offense was discovered; the due process right of the suspended member remains even in this case. I would further note that the some of the various rights of membership can be suspended, while others remain intact (p. 662, ll. 25-31). A person may not, at some point in time, be a member in good standing, but still be a member.
  19. Unless your bylaws say otherwise, she would remain under a disciplinary action even if she paid her dues. Do the bylaws state that a member is dropped from membership if the don't pay their dues?
  20. I am hugely sad to hear of Dr. Stackpole's passing. Thanks for posting it.
  21. If I understand the issue correctly, three members are requesting that how they voted be recorded in the minutes. That is a question of privilege and the granting of that is within the control of the majority. I agree with Messrs. Martin, Brown, Kaptur, Mervosh and Lages. I would also refer those interested to the article "On the Record, " National Parliamentarian, Fourth Quarter 2000, which gives greater detail on the process.
  22. The reason Objection To the Consideration of the Question is out of order is that the society has already been adopted your governing documents. That is something that is now not original to the organization. You are amending something previously adopted.
  23. Concurring with my colleagues, you might offer amendments, within scope, to make the motions less likely to be adopted. Further, if it should be adopted you might be able to begin the process to remove the amendment from the bylaws.
  24. This to apply to "all meetings of the Corporation." This would not apply to clubs.
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