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Atul Kapur

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About Atul Kapur

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    PRP, formerly "Student"

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    Ottawa, Ontario, Canada

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  1. This is true. Likely, the bylaws also say that amendments can only be considered at the annual meeting.
  2. Would you allow those comments during the original discussion of the motion? If you would, then they are in order during discussion of rescission. For what it's worth, I think the topic of whether or not the organization should be designating official foods at all is germane to a motion about designating an official fruit. I think it would be way too narrow to limit the discussion just to whether or not bananas should be the official fruit. But the decision is up to the presiding officer, subject to appeal to the assembly.
  3. Once the minutes are approved they stand as the record of the meeting. So what would be the purpose or benefit of keeping the rough notes? I don't see any, myself.
  4. Generally, all the officers are on the board ex officio, that is, because of the position they hold. For example, you could say that the current president "is essentially an ex-officio member of the Board. He/she is only on the Board because of the position he/she holds."
  5. I think it's more succinctly stated on p. 34, lines 8-15: "Until the chair states the question, the maker has the right to modify his motion as he pleases or to withdraw it entirely. After the question has been stated by the chair, the motion becomes the property of the assembly, and then its maker can do neither of these things without the assembly's consent...; but while the motion is pending the assembly can change the wording of the motion by the process of amendment ... before acting upon it." (Italics in original. Bold added for emphasis) The chair's stating the question is the third step in the handling of a motion and that's when ownership goes from the maker to the assembly 1. Member makes the motion 2. Another member seconds the motion 3. Chair states the question on the motion
  6. If this is the first time you are adopting the Code of Conduct (rather than the bylaws committee proposing amendments to an existing Code) then I would follow the procedure on pages 557-9, "Consideration and adoption of proposed bylaws". The difference is that the final vote required to adopt the Code of Conduct is the vote required to Amend the bylaws, rather than just a majority. Amendments would be allowed. If they are approved, that doesn't mean that the whole thing has to go back. The assembly is free to amend what the bylaws committee proposes.
  7. What is the status of the appendices? Do they have the same rules for amendment as the bylaws themselves, or is/are there different rules on how they are amended?
  8. I don't see anything in what you've told us or provided to indicate that committee chairs need or should attend meetings of the Board of Trustees. Every mention is "through the president". You should be getting quarterly written reports through the President. If it wishes, the Board could adopt a motion to have committee chairs attend some, any particular, or all board meetings.
  9. Appreciate your respectful comment. The point, apparently not artfully made, was that this was an issue of what is recorded in the minutes rather than a motion related to voting. As previously established, I agree with the consensus (Mr. Elsman excepted) expressed above and on the other thread regarding what can be recorded in the minutes.
  10. I wasn't speaking about a motion to record all 7 names and how they voted. I was speaking to the idea of listing the three members who requested their vote be recorded in the minutes. Are you saying that, because it would effectively reveal who voted in favour; that it's different? Oral was it because of the notion that all seven names be recorded?
  11. I am assuming that a ballot vote is required by the bylaws. The elections are still incomplete.
  12. It's never too late to correct errors in the minutes, even if they have been approved. I am not certain about Mr. Martin's advice. Is this policy something that was previously adopted and currently in force, or was this a proposal for a new policy from a committee that the board was considering whether to adopt? The way I read the OP, it seemed that this is an amendment to a policy currently in force. If that is correct, then the motion was to Amend Something Previously Adopted and we are told it was adopted. Then a motion was made to send it back to the committee. I would take this as a main motion to refer the policy to the committee.
  13. I agree with Mr. Martin and Mr. Brown. I disagree with Mr. Elsman's comment and believe it is completely irrevelent to Ms. Vassey's question.
  14. I do not think there is an answer in RONR. It seems like you have found your answer in your own bylaws. If your organization feels that the answer is ambiguous, then it is up to the organization itself to interpret the bylaws and resolve the ambiguity.
  15. What do your bylaws say about who the bylaws committee reports to? That would confirm or supersede the provision in RONR that you found. Is there a particular reason he wishes to speak to the board (presumably without the bylaws committee being present) rather than move an amendment when it is being considered? If you knew the reason for the request, you and the board chairman would be able to direct him to the most suitable forum.
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