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Richard Brown

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  1. Well, I see this can get a bit deeper than I envisioned at first blush. I was thinking of an assembly, not a committee, and of regularly scheduled meetings rather than special or called meetings. I should have asked for more information before answering or provided a more detailed answer. But, seeing as how we are where we are, I actually agree that any person or group (such as a board) that has the authority to call a meeting has.... or should have.... the right to cancel said meeting. I think it should not matter whether the body which is to meet is a committee, a board, or the membership. If the meeting was called by a group such as a board calling a special meeting of the membership. the proper method of canceling the special meeting would be for the board to use the motion to rescind something previously adopted. If the meeting was called by an individual, such as the president, board chair or committee chair, that person would essentially be rescinding his own call. I am not aware of anything in RONR which would prohibit it. But, so as not to leave the original poster thinking that all meetings can be canceled, we should perhaps point out that meetings such as regularly scheduled monthly membership meetings and meetings required by the bylaws to be held on a certain date (such as an annual meeting) cannot be canceled unless the authority to cancel the meeting is provided for in the bylaws.
  2. I’m not so sure the motion or ordinance can be rescinded. A motion to rescind something previously adopted is not in order when something has been done as a result of the previous vote that it is impossible to undo. However, if part of the original motion is still unexecuted, the unexecuted part can be rescinded. For example, if the motion (or ordinance) authorized electronic billboards, rescinding the ordinance would probably have no effect on electronic billboards already constructed or permitted. However, rescinding the ordinance would prohibit future electronic billboards. Since this is a governmental entity, it is also possible that there are controlling state statutes regarding what can be done.
  3. He or she has no such authority unless it is granted in your bylaws.
  4. It should perhaps be pointed out that notes, caveats, etc automatically added to signatures by the system do not show up at all when viewing posts on a smartphone.
  5. It appears to me that your organization, by providing for its own disciplinary process, however brief the details, has opted out of the disciplinary procedures described in chapter XX of RONR. It will therefore be up to the members of your organization to determine how to conduct this hearing if you have no additional rules on this subject. You may, of course, use the trial procedure described in chapter XX of RONR as a guide, but in my opinion you are not obligated to do so as your bylaws provide for a customized process and by doing so your organization has opted out of the RONR disciplinary process.
  6. @Wild DunesI trust that Mr. Martin’s responses have satisfactorily answered your questions. I do concur with his answers.
  7. Yes, I agree, but the chair’s response to the parliamentary inquiry might provide the basis for an appeal from his ruling on the motion (and likewise might convince the member that the ruling of the chair was correct after all).
  8. That is incorrect. RONR says the minutes SHOULD include the name of the mover, not that the minutes must include the name. See §48:5 (1) of RONR (12th Ed.). But, again, The omission of that information in the minutes does not invalidate the motion. If it is later determined who made the motion, the minutes can be amended to reflect that fact if the assembly believes it is important enough , even months or years after the fact. Nothing in RONR says that failure to include something in the minutes that should normally be there invalidates any action taken at the meeting.
  9. Agreeing with Mr. Honemann, the fact that neither the Secretary nor anyone else remembers who made the motion is immaterial. If the motion was made and adopted, then it is validly adopted despite the fact that no one remembers who made it unless it is invalid for some other reason, such as violating the bylaws or a procedural rule contained in state law. In some organizations, the name of the person who made a motion is never recorded in the minutes. The omission of the name of the mover does not invalidate the motion.
  10. Guest Kimmie, Please ask your question by starting a new topic. The forum works better that way
  11. Agreeing with Mr. Honemann, if the board keeps going along with these few members, it seems like a majority of the board supports what those members are trying to do. Your solution is to elect new board members when the opportunity presents itself. you can also try to persuade board members that they should support the bylaw committee‘s proposals and agree to let those proposals go to a vote of the membership.
  12. I agree that the disciplinary procedures spelled out in the 26 pages of chapter XX are too lengthy to summarize here. However, for a brief statement of how to remove an officer before his term is up you might take a look at FAQ #20 on the main website. https://robertsrules.com/frequently-asked-questions/#faqs Scroll down to question #20. It’s the last one.
  13. Guest Tracy, is there a question and a little background here somewhere?
  14. A minor quibble. I agree that if the motion which is being made is a motion for censure or a reprimand, it may be handled as any other motion and a formal trial is not necessary. However, if the initial motion or punishment sought is more severe, such as removal from office, suspension of membership, or expulsion from membership, then a formal trial is necessary pursuant to the rules in RONR even though the ultimate penalty imposed may wind up being censure or a reprimand. it is my understanding that the formal disciplinary rules apply unless the original motion is merely for the non-disciplinary motion of censure or reprimand.
  15. In my opinion, if the bylaws specify that this person is a non-voting member, he is a member and may exercise all of the rights of membership except the right to vote. That would include the right to make motions. Edited to add: I also agree with Mr. Martin’s statement seven years ago in this thread that it is ultimately up to the organization to interpret its own bylaws on this issue.
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