Richard Brown

We really need to know the answer to Mr. Merritt’s question in order to better help you. The removal from office procedures in RONR can be rather complex or relatively simple, depending on certain language in your bylaws. The chapter on discipline, for example, chapter XX, is 26 pages long.

In addition to the excellent questions posed above by Mr. Martin, I want to drill down further on one of them: who is this nonmember who is conducting the board meetings and how and why and by whom was he selected to do so? I agree with Mr. Martin that this board needs to take back control of its meetings and probably select a new presiding officer quickly.

The secretary needs to do everything reasonably possible to “find“ the bylaws. Since for some reason the secretary seems reluctant to do so, I suggest a small committee be created to find a copy of the bylaws. I bet a copy exists somewhere. If no copy can be located, then the Society should adopt a new set of bylaws.

No, not if the recommendation came from a committee of more than one person. Pursuant to RONR, recommendations from committees of more than one person which are made by the chairman or the member presenting the report do not require a second.

So if the bylaw language is just surplusage and changes nothing, why would you count an abstention as a no vote?

I agree with Mr. Martin that the nominating committee technically can be selected at any time and the date or timing is usually determined by the organization’s bylaws or custom. However, it has been my experience that the vast majority of groups that I work with select their nominating committees later in the year, not at the same time that the officers are elected or take office. Perhaps Mr. Martin‘s experience is different. I thought my original answer made that point, but perhaps it wasn’t as clear as I thought.

It means: that you have agreed to go along with whatever the majority wants. You have acquiesced. You have not affirmatively voted either yes or no. You have simply not participated. You have acquiesced. There are times, such as when a vote is based on the number of members present rather than the number of members voting, that an abstention might have the EFFECT of a no vote, but it is most definitely not a vote at all and should not be counted as such.

No. Unless you have a rule to the contrary, motions must be made at and during meetings. Prior to the meeting, a member can announce his intent to make a motion at the meeting, but the motion itself must be made at the meeting.

I agree that based on additional facts these meetings might indeed be regular meetings rather than special meetings. As such, the date, time and location must be provided in the meeting notice, but not necessarily the purpose of the meeting or the items of business to be taken up.

Agreeing with Mr. Katz, nothing in RONR prohibits this one on one interaction.

You asked “Is the nomination committee sworn in with the new executive administration?” Normally, this would not be the case because the nominating committee is usually appointed or elected later in the year prior to the next elections and members of committees are not normally “sworn in“. What do your bylaw say about the nominating committee? When, how, and by whom is it selected? is swearing out of other committee members or customary in your organization?

The way I read the quoted provision from your church bylaws is that when the required number of church members call for a special meeting, those members set the date time and location for the meeting and the secretary must post the appropriate notices and the chairman must call the meeting to order at the specified date, time, and place. It is up to your members to interpret their own bylaws. We cannot do that for you, but it seems clear to me that whoever “calls“ the meeting has the right to set the date time and location of the meeting. I see nothing to indicate otherwise.. The required number of members clearly have the right to call such a meeting. Edited to add: pursuant to the rules in RONR, the notice of a special meeting must also include the purpose of the meeting, stating with some specificity the matters to be taken up it said meeting. Your bylaws do not seem to specifically require that, but I would suggest it is a very good idea to do so anyway. In the event of a conflict, your bylaws control.

Not in the way it is with the rules imposed by the chair in this situation. You're reaching, JJ.

Agreeing with JJ, if the body (the assembly.... the group that is meeting, whether it be the board or the general membership.... adopts or approves the agenda that you prepare, then it is a done deal. Please understand that unless your rules proviide otherwise, no one person has the power to "set" or mandate a particular agenda. Neither can the board, unless it is a board meeting. Anyone can propose an agenda, but it is not an official agenda until it is adopted by the body that is meeting. Until then, it is simply a PROPOSED agenda.

I agree with Mr. Novosielski . It does not change anything.