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David A Foulkes

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Everything posted by David A Foulkes

  1. The bylaws require two weeks notice of all regular meetings. If the assembly adopts a motion at a regular meeting to schedule their next regular meeting, they can't schedule for any less than two weeks in advance. Why can they adopt a motion at a Special Meeting to schedule a regular meeting immediately following? Until that motion is adopted, there is no regular meeting scheduled, and nothing of which to give notice. Yet.
  2. How can she issue notice for a meeting that isn't yet scheduled?
  3. But has notice for the regular meeting actually been given, or is the notice only of a motion (to hold a regular meeting) to be made at the Special Meeting? If, and once, that motion is adopted, isn't an additional two weeks notice of the regular meeting required, just as if they'd adopted such a motion at the previous meeting instead of at a Special Meeting?
  4. Not even a 2/3 vote? 3/4 vote?
  5. The board could Suspend the Rules to allow the committee chairmen to speak in debate. (RONR 11th ed., p. 263, footnote). It would require a 2/3 vote.
  6. Courtesy be damned (he says, tongue in cheek). Nothing in RONR requires them to leave the room, but if they do, the meeting will lose its quorum, and that means no motions and no votes. They should stay in the room. RONR does not require they abstain from voting, even if they have (as RONR puts it) a "personal or pecuniary interest not in common to other members." (RONR 11th ed., p. 407 ll 20-31) RONR does say they should refrain from voting (there's your courtesy), but they cannot be compelled to do so.
  7. Rev - that you down there in the "not" hole???
  8. And you don't think a vote of 11-0 would satisfy this rule??
  9. Often the case, indeed, but I am not sure of the timeline here to say for certain that the prior meeting has already taken place.
  10. That's what I get for glancing only at the SDC.
  11. One option would be to adopt a motion (at the "prior" meeting) to Fix the Time to Which to Adjourn, creating a continuation of that prior meeting (RONR calls it an adjourned meeting). It is not debatable though it is amendable (as to when and where), and requires a majority vote. This meeting would need to take place before the next regular meeting, as well as the Annual meeting, of course. If you could obtain a quorum, you could than make nominations. See Section 22 (RONR 11th ed.)
  12. Yes, but.... if the bylaws do authorize Special Meetings but do not specify who is authorized to call them, I would think that leaves it to the general membership until such time as the bylaws can be amended to clarify. I would not think the failure to specify who is authorized to call them negates the bylaw that authorizes them being held. RONR states the bylaws should specify the proper calling entity, but that is not a requirement in order to validate the bylaw article. As for when this might be applicable, perhaps at the quarterly meeting a motion is made that the assembly does not feel
  13. Which part? That the general membership has the (sole) authority to call Special meetings?
  14. I agree, but also fail to see where I might have suggested (even vaguely) otherwise.
  15. Per RONR, if the President leaves office mid-term, the succession plan you described is the default (and occurs automatically upon acceptance of the President's resignation, no election necessary) unless the bylaws specify differently. If yours only address this should the President pass away, then it would likely be that all other options would be covered by RONR. Interpreting your bylaws is not something we do on this forum, so you'll want to be sure (by reading them in their entirety) that nothing else in there addresses this. All the VPs would move up, creating a vacancy in the bottom-mo
  16. I wouldn't say that leaves RONR out of it, rather that you have to look elsewhere in RONR beyond the section on Special Meetings. Much like many similar such items, in the absence of a rule that authorizes the President, the Board, or any other person or entity to call them, that authority then rests in the general membership, by majority vote. Of course, that means that in order to hold a Special (called) Meeting, the membership would need to meet at a regularly scheduled meeting to adopt a motion to do so. Of course, it would likely be easier to address the issue in question at that regula
  17. When the vote is being taken, he simply refrains from voting. It's that simple. And it should not be noted in the minutes unless the vote is taken by roll call and he abstains or answers "Present" when his name is called.
  18. What do your bylaws say is the voting requirement to amend them currently? If by "put in to effect" you mean to adopt the motion to amend, that's what it will take. And the phrase "2/3 majority" is a tad ambiguous -- stick with "2/3 vote" instead.
  19. Also, per RONR, there should be no "discussion" (debate, as it's called) until the motion has been placed before the assembly (made, seconded, and stated by the Chair). Some exceptions apply, typically at meetings of small boards. If public debate on a topic before a motion on it is made is allowed by your rules, they will take precedence over RONR and the assembly will need to interpret how they should be applied.
  20. And in case you don't have The Book to look up George's citation, what it will tell you is that the Chair should in fact preside over the meeting (assuming s/he will be there, of course), even when nominations/elections for the position of Chair are being conducted. There is no need for the Vice Chair to take over presiding, according to RONR.
  21. This is incorrect. Any member present can make a motion to Rescind.
  22. Well, it's up to you what to do about this. RONR offers no advice for you, but if you don't feel you can adequately execute the duties of your office, you should probably consider resigning. You can stay active and involved in other ways no doubt.
  23. Even on a board of 15, a vote of 1-0 satisfies both a majority vote and a 2/3 vote, unless the voting threshold is based on the members present or the entire membership. The adoption or defeat of a motion is calculated by the number of votes cast. In the usual case, on a board of 15 with 10 members present at a meeting, if nine members abstain and one votes in the affirmative, the motion carries. Read Section 44 (RONR 11th ed.) to understand how votes are calculated.
  24. It would be hard to imagine all members abstaining, since you can almost count on the maker of the motion voting in favor. As long as at least one member casts a vote (aye or no), there is a vote. A vote of 1-0 adopts the motion. A vote of 0-1 defeats it. No reason needs to be given for abstaining.
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