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Frank Edison

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  1. Meetings are monthly by tradition and are scheduled a the end of each current meeting. Yes the Commodore can, by tradition, call a special meeting on his own or at the request of any other Executive member. This will be added and clarified at the next constitution update.
  2. Thanks. That sounds fair and seems the best way to handle the matter.
  3. I did not want to post the entire document but there is no actual statement referring to an Executive meeting schedule. The Executive meets monthly and if required a special meeting can be called by the Commodore. As for General meetings: a.The Annual General Meeting shall be held in a timely fashion after the financial year end; not to exceed March 1st of the following year, at which time a year-end report on the preceding year shall be presented by the Executive. The current Committee shall submit an estimate of the receipts and expenditures for the current year and the auditors for the year shall be appointed. An election shall be held for all positions in the Executive. The new term of office is to commence on the day of the Annual General meeting after the new officer(s) are sworn in; b.A Special General Meeting of the Club may be called by the Commodore whenever it is deemed necessary, or when she/he is requested to do so by the Executive or by written request signed by at least ten members stating the purpose of such a meeting. If she/he fails to call a meeting when so requested, the members so requesting may call a meeting themselves by Notice signed by those requesting the meeting;
  4. Executive or executive is understood by me and I am sure all members as referring to the board of directors. SECTION XV COMMITTEES THE EXECUTIVE 1.The Executive shall consist of the Flag Officers (Commodore, Vice Commodore and Rear Commodore), Treasurer and Secretary, and the chairpersons of each of the committees. 2.The Executive shall be responsible for the general management and supervision of the affairs of the Club. 3.The Executive shall meet as often as required for the dispatch of business. Five members,including at least one Flag Officer, shall constitute a quorum. 5.The Executive shall have the power and authority to do such things as it deems advisable for the efficient carrying out of the aims and undertakings of the Club and the objects for which the Club is incorporated; Thank you.
  5. Again, my apologies. The Executive refers to the Executive Board which consists of the officers and committee chairs. Also, I just went back and re-read the thread and could not find the dozen instances you are referring to?
  6. Sorry. I am new at this. Here is a copy of the constitution section on discipline: SECTION VIII DISCIPLINE 1.If it comes to the notice of the executive that any member has infringed any By-Law or Regulation, or has behaved in a manner unbecoming of a member of the club, such a member may be expelled or suspended by the executive from any or all privileges of the club (including bar, yard and social privileges) for such a period as the executive determines. 2.Such expulsion or suspension by the executive shall be at an executive meeting, of which previous notice has been given to the LRYC member(s) informing them of the complaint against the member. The vote in favour of any such expulsion or suspension must be a two-thirds majority of those present. Not less than three days notice in writing by registered mail of the meeting shall be given to the member proposed to be expelled or suspended at her/his last known address, and the notice shall state the complaint against such member. 3.Any member so expelled or suspended may, within one month of receiving notice by registered mail addressed to his last known address, appeal the decision in writing addressed to the Secretary. 4.The Commodore upon being advised by the Secretary of the receipt of any such notice of appeal shall at once call a Special Meeting of the Executive, as requested by the notice. 5.The vote at any such meeting of the Executive Committee shall be by ballot and if two-thirds of the member’s present vote to reverse the previous decision, the member shall be at once restored to his or her privileges as a member. Until such reversal, the member shall not be entitled to any such privileges.
  7. Just to make things clear, I am trying to confirm whether or not the motion to have the decision made by the executive overturned by the membership can proceed or if it is out of order and where to go next. From what I understand the motion would be out of order because the constitution specifically states that these matters are handled by the executive and that appeals to decisions are to be made to the executive. The motion on the floor would have the matter put to the membership which goes against the constitution. I think the only way to move the matter to the membership would be to amend the constitution. My question now is if the member puts forth a motion appealing the decision from the chair can it go forward or should it be ruled dilatory? Thanks again everyone for your input. F
  8. My concern is how to handle this at the meeting. I can see the motion being read into the minutes to have the executive withdraw the letter of reprimand and apoligize for same. The chair would then rule the motion out of order, because, according to the constitution, the executive alone handles discipline and appeals to disciplinary decisions. Now, from what I have read, the member can appeal the Out of Order ruling from the chair, thus putting that ruling to a vote? If this is correct then the chair can explain his decision to rule the motion out of order and others may only speak once on the topic? Am I on the right track here?
  9. Thanks for your reply. I agree that the motion must first be offered and seconded before it is ruled out of order. Then the chair can explain why it is out of order in that it conflicts with the constitution but I do not understand what right he has to appeal or what he is appealing? He missed the deadline of 30 days to appeal to the exec. He does not have the privilege to appeal to the membership for a decision made by the exec given they have the authority to handle discipline given to them by the constitution. The only way he can continue is to move to 'Suspend the Rules' but: Suspend the Rules When an assembly wishes to do something it cannot do without violating its regular rules, it can adopt to 'Suspend the Rules' that interfere with the proposed action. The proposal must not be in conflict with bylaws/constitution, local/state/national laws, or a fundamental principle of parliamentary law. This motion cannot be debated or amended. Rules that CANNOT be suspended even with unanimous consent (unless they provide for their own suspension): Bylaws/Constitution (unless it is clearly a rule of order, see page 17, line 22-24.) ** Please understand that I am not trying to shut this individual down, I just want the meeting to proceed without too much drama and rules are the only way to avoid this. F
  10. Our club constitution states that disciplinary matters are to be handled by the executive and that any member so disciplined has 30 day to appeal such a decision. We recently disciplined a member and he ignored the 30 day appeal. He is now attempting to make a motion at our upcoming general meeting where he would like to have the letter retracted and an apology made. He has since been advised by the chair that the motion will not be tabled because it is considered out of order in that it goes against the constitution. He has now replied that: "There is nothing in the club Constitution or in Robert's Rules that allows the Executive to determine what can be submitted to the Annual General Meeting as long as the motion deals with club matters. You are overstepping your authority." Are we correct in our 'Out of Order' determination? According to RoR he can not 'Suspend the Rules' to have the motion tabled because it deals with the constitution. What recourse does the member have? Thanks
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