George Mervosh

Doesn't the motion to fix the time to which to adjourn need to be made at a regular or properly called meeting? I'm gathering the meeting in question is not properly called.

With regards to only this statement by Tomm, it seems that this was hashed out a bit earlier. https://robertsrules.forumflash.com/topic/39200-members-of-an-executive-committee/#comment-232336 From that thread, Tomm acknowledges everything is brought to the full board for a final decision in post #7 of that thread.

See if FAQ#9 which contains a citation helps you. https://robertsrules.com/frequently-asked-questions/

See RONR (12th ed.), 62:2-15. It could get messy.

Then they cannot be held at all. "A section authorizing the calling of special meetings should state by whom such meetings can be called—such as the president, the board, or a specified number of members nearly equal to a quorum—and the number of days' notice required. It may be well to provide that no business shall be transacted except that mentioned in the call (that is, the notice) of the special meeting, although this rule would apply even if not expressly stated (see 9:15). If the bylaws do not authorize the calling of special meetings, such meetings are not permitted—except when authorized by the assembly itself, as part of formal disciplinary procedures, for purposes of conducting a trial and determining a punishment (see 63:21n9)." RONR (12th ed.), 56:36

RONR does not say a member needs to recuse himself from any discussion on this matter.

If each meeting of the commission constitutes a separate session, yes, it can be made again the following month. See RONR (12th ed.) §38. A session, as the term is used in RONR, is defined in 8:2 2).

I thought the question was - How long does the council have to wait to make this motion again, but it would be nice if the clerk re-phrased the question they want answered.

"If neither the president nor any vice-president is present, the secretary—or in the secretary's absence some other member—calls the meeting to order, and the assembly immediately elects a chairman pro tem to preside during that session. Such office is terminated by the entrance of the president or a vice-president, or by the adoption of a motion to “declare the chair vacant and proceed to elect a new chairman” (see 62:11)." RONR (12th ed.), 47:11 3) You can certainly nominate a previous president to preside for this meeting. The assembly makes the final decision. Since there is a rule in RONR, there should be no need to amend the bylaws to cover this matter.

But since they have the rule in their bylaws on who presides, wouldn't it take a 2/3 vote to suspend that rule regardless of the President/VP's agreement?

In reality, there are no minutes in your assembly's case then. See RONR (12th ed.), 48:16, particularly the last sentence which states: "Any such record or transcript of the proceedings prepared for publication, however, does not take the place of the minutes, and it is the minutes which comprise the official record of the assembly's proceedings." If there is a Secretary in your organization they should compose a set of minutes in accordance with the rules in §48 for approval.

https://robertsrules.com/official-interpretations/ 2006-18 would be one example.

Can you specify exactly what rule was violated? I ask because I agree with Mr. Martin that a point of order is usually the best way to handle this, but points of order need to be timely, with a few exceptions. See RONR (12th ed.), 23:6.

Without scripting motions for you, cut and dry is probably the best. During debate the members can express their opinions regarding the motion. Also see FAQ#7 since a motion of no confidence is not discussed in RONR. https://robertsrules.com/frequently-asked-questions/

You have to order it from American Legal Publishing https://robertsrules.com/books/newly-revised-12th-edition-cd-rom/ Click on American Legal's name and it will send you to their site where you can order it. In my opinion it's well worth it.

Particularly 35:2 2) and 35:6 b ) . I wouldn't even begin to think about making a motion to rescind involving a contract without first seeking the advice of the Council's solicitor.

It may be unilaterally withdrawn until a motion to accept it is placed before the assembly by the chair, yes.

It needs to be accepted by the assembly. Once the chair states the question on the motion to accept it, it may not be withdrawn unilaterally. But the FAQ says this.

Accepting them needs to be the common practice. Unless you have some additional facts to add, it would be my opinion she is still the Secretary.

See if FAQ #18 answers this for you. https://robertsrules.com/frequently-asked-questions/#faqs

Yes. See RONR (12th ed.), 46:46

In my opinion a point of order on this matter needed to be timely. That is, as soon as the presiding officer began to call for the vote instead of soliciting additional nominations. So at this point the election should stand as it's too late to contest the results. See RONR (12th ed.), 46:48-49.

Yes, since there is no requirement in RONR for a member to be present when nominated, or elected.

The rule in RONR is this: " In an ordinary society, the minutes should contain mainly a record of what was done at the meeting, not what was said by the members." RONR (12th ed.), 48:2 If this is followed, your problems disappear as the discussion will not appear in the minutes at all. Also, if by retroactively closed you mean treat the matter like it was held in executive session when it wasn't, no. If this council is a governmental type entity, procedural rules in statute may apply which take precedence over the rules in RONR.

If they are present, yes. If they are absent, the assembly decides, by a ballot vote. See RONR (12th ed.), 46:31 1)