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Richard Brown

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    New Orleans, LA

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  1. Richard Brown

    Failing to Call the Meeting to Order

    Yes, the meeting was still legitimate.
  2. Richard Brown

    Appropriateness of Bi-Laws Amendment

    You might consider changing the proposed amendment to apply specifically just to standing rules and special rules of order that are to have a continuing effect. A no-smoking rule, for instance is pretty clearly in the nature of a standing rule. A motion to, say, buy free standing ash trays to place at the clubhouse entrance (or on the clubhouse back porch) is not. It is a motion to do something once, to make a one time purchase. A motion that members and guests must extinguish all cigarettes, cigars and tobacco products before entering the clubhouse would be in the nature of a standing rule: It has continuing effect.
  3. I agree with the posts quoted above by J.J. and Gary Novosielski. A motion to spend more money than the organization has in the bank is not our of order per se. A motion to rob a bank to get the money would not be out of order, either, per the 11th edition, as the laws prohibiting bank robbery are not procedural laws. Under previous editions, it might have been out of order to adopt a motion to rob a bank, but the 11th edition (or maybe the 10th) clarified that only violations of procedural laws cause a motion to be out of order. Unwise, perhaps, but not out of order. See pages 3, 125 and 251 of RONR 11th ed.
  4. Richard Brown

    Voting by the Chair

    Guest Pat D, is this a public body of some sort? If so, do your rules or state open meetings laws (sunshine laws) require that all votes on substantive motions be record votes?
  5. Richard Brown

    Voting on a Bylaw Amendment

    As Mr. Katz said, a motion to amend the bylaws is a special form of the motion to amend something previously adopted. However, it is not usually referred to as a motion to amend something previously adopted, but is referred to simply as a proposed bylaw amendment. It is treated just like any other main motion, but is usually subject to special notice and vote requirements for adoption.
  6. Richard Brown

    motion to renew?

    Ok. I agree. Your original response, "and also not the parliamentarian", wasn't clear what it was you were trying to say about the parliamentarian.
  7. Richard Brown

    motion to renew?

    Huh??
  8. Richard Brown

    Motion

    Yep. And you are free to do what you want to and talk about what you want to during a recess. If a few members want to briefly discuss something informally and try to come up with the wording for an appropriate motion, moving for a brief five minute recess can serve that purpose. Then, when the meeting is called back to order, introduce the motion. In my experience, that works better than having someone make a poorly worded motion on the fly which is so awkward or deficient that the assembly must spend a half hour or more just trying to perfect it using multiple motions to amend....just to have it still be a poorly worded motion.
  9. Richard Brown

    Revote?

    I agree with Mr. Katz. It does seem to me, though, that the term is perhaps being used in the sense of the vote required for the Executive Council to overturn a vote of the membership. In RONR, it would not be possible for such a board to overturn the vote of the membership, but the membership could overturn actions of the board. The term could also be used in the sense of a"Motion to Reconsider" or a "Motion to rescind or amend something previously adopted". The two thirds vote requirement is the requirement in RONR to rescind something previously adopted without previous notice. However, RONR permits something to be rescinded or amended with a majority vote if previous notice is given. I'm speculating. We really don't know what is meant by that term and it is up to your organization to figure out what it means. It does not come from RONR.
  10. Richard Brown

    Revote?

    The term "revote" is not used in RONR. More information as to the context in which the term is being used would be helpful. It could mean any one of several different things.
  11. Nothing in RONR permits this member to vote unless he is physically present at the meeting. Any exception would have to be found in your own bylaws or rules.
  12. I agree. That is a tactic that several of my political activist friends and I use at city council meetings. We find a way to see to it that one of us is last or near last on the sign-in sheet if signing in is necessary. If signing in isn't necessary, we just wait until it appears everyone else has spoken or until we hear someone else say something that we want to rebut. Even if you have signed in to speak, you can always "pass" when they call your name.
  13. I think we need more information in order to know exactly what is going on and who is appearing and speaking before which bodies. It's rather confusing. Perhaps I am differing from my colleagues, but it is my understanding that at some type of public city council (or city council committee meeting), during the public comment portion of the meeting, an individual is standing up to address the body and is falsely claiming to be representing a neighborhood association and falsely stating the position of the association. I see nothing wrong with a person who IS a legitimate representative of the association asking to be recognized and stating, in effect, "My name is John Smith. I am the president of the Amazing Heights neighborhood association. The gentleman who spoke a few minutes ago about our association is not a member of our association, is not authorized to speak on behalf of our association, and has misrepresented what our official position is. Our official position is as follows: We support the planting of Palm trees along the median of Palm Drive."
  14. Richard Brown

    Did the authors mean to do this?

    I agree. Although preferential voting might be most often used in mail voting, it can be and sometimes is used with in-person voting in order to avoid having to do repeat balloting.
  15. Richard Brown

    Voting on a Bylaw Amendment

    Actually, at the conclusion of giving his report, the chairman of the bylaws committee should have moved, on behalf of the committee, for the adoption of the amendments. Since it is a committee recommendation, no second is necessary. The committee chairman may also speak in debate in favor of the propieed amendments. he does not lose that right by virtue of being chairman of the committee.
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