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Atul Kapur

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    Ottawa, Ontario, Canada

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  1. Who arrived at that conclusion? The board. It may have decided informally, but it is still a decision. For example the conclusion that "Tina will research the options and report back at the next meeting" is a decision -- even if arrived at informally -- as much as the formal motion at the next meeting to choose option B of the ones Tina presented. Mr. Katz' and my point is that these are both actions of (= "decisions made by") the board, whether that was reached informally or by a formal motion. This is in contrast to your definition of "action" as only referring to a final decision.
  2. Yes. RONR (12th ed.) 45:5 See FAQ #1. The president votes when their vote can affect the result, as in the situation where their vote creates a tie.
  3. I can see that rationale for a motion to censure. But I can see having a lack of confidence in a policy. Or you could resolve it by rewording the motion to say that you "disagree with" the policies and procedures or "have no faith/belief" that they will be effective in dealing with the health and safety issues or call upon the administration to work with your organization to develop effective policies and procedures to replace the ones that currently exist or a lot of other ways to express similar ideas. BTW, under RONR parliamentarians don't have the authority to rule motions out of order. They can advise the presiding officer and the presiding officer would make the ruling, subject to appeal.
  4. In RONR, the "fact finding session" is a trial. The accused is entitled to be present and make a defence at the trial, but leaves after closing arguments are made. Read §63 very carefully, as the procedures are very detailed.
  5. RONR says that rules within the bylaws cannot be suspended except if they provide for their own suspension (as yours do, so there isn't a conflict) or the rule within the bylaws is in the nature of rules of order. RONR (12th ed.) 25:7 What is your rationale for proposing to delete this provision?
  6. RONR (12th ed.) 45:56 says, "It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting, although it should be noted that a member need not be present when the question is put." Sounds like the vote was completed, 3-2 ("current president arrived after the vote") See 45:9 regarding Time Limits on Efforts to Challenge, Retake, or Change a Vote.
  7. See 46:40 regarding acclamation and 46:44-45 regarding completion of an incomplete election. In fact, all of §46 is worth reading and will likely have other information relevant to the details of your situation.
  8. If you are asking whether the motion has to go back to the membership to be rescinded or amended, the answer is yes unless some other body, such as the board, has the authority to act counter to a decision of the membership. That Authority would need to be explicitly stated somewhere, preferably in your governing documents oh, because it goes against the general rule in RONR.
  9. I (and presumably others) didn't say anything because Mr. Martin answered your post accurately. I will reinforce his point by, not only saying that it may be desirable, but by recommending that you do this. Also, There is no item for "old business" in RONR's standard order of business. If you think it is worthwhile to bring this motion up, you can do it under New Business (unless, as Mr. Martin also said, your organization has rules about items needing to be listed on the agenda).
  10. You declare the nominees elected by acclamation. The election is still incomplete, as apparently you have a third position but no nominee. You should complete this election as soon as possible, likely your next meeting. But it's not an all-or-nothing situation, so you should elect as many people as you have nominees.
  11. A lot depends on what your bylaws do say. I would look to see what they say regarding the role of the vice president and about filling vacancies on your board.
  12. Yes, it does. See §57, particularly 57:6-8.
  13. Yes: "In any event, no action of the board can alter or conflict with any decision made by the assembly of the society, and any such action of the board is null and void (see 56:41 and 23:9). Except in matters placed by the bylaws exclusively under the control of the board, the society’s assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late (see 35). It should be noted, however, that exactly the opposite condition prevails in connection with boards of business corporations, in which the board has exclusive power and authority to operate the business." RONR (12th ed.) 49:7
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