George Mervosh

On 3/6/2023 at 11:34 AM, Guest Cindy C. said:

Can an assembly make a motion to reconsider a vote that was voted on at a previous session?

No.  If the motion passed and is still applicable it can be rescinded or amended.  See RONR (12th ed.) §35 for full details.  If the motion was defeated it can simply be made again at any new session.  See RONR (12th ed.), §38

On 3/6/2023 at 11:19 AM, Lori Lukinuk said:

Thank you George. It's actually the attorney who asked me if RONR covers this. So from his perspective there are no applicable rule restricting starting in executive session. That being said he is wondering if RONR, as their parliamentary authority, covers this. He is looking for such a rule in RONR. You say "but I can't see why, at least from RONR, the meeting cannot be opened and immediately enter into executive session ..." That's my thoughts also. Do to the requirement for their meeting to be held in public, my feeling is to just call the meeting to order, it will be in public at this point, then have a motion to enter into executive session and be done with it. Simple and easy.  In saying that though, is there any rule in RONR that allows you to not have to "enter into executive session" but rather call the meeting to order and automatically be in executive session.  I hope this is making sense. 

 

RONR notes in 9:24 that - "A meeting enters into executive session only when required by rule or established custom, or upon the adoption of a motion to do so."  So if the first two methods (rule or established custom) are not applicable to this board, a motion is going to be necessary.

On 3/6/2023 at 10:38 AM, Guest ralph cunningham said:

If there is a motion made at a meeting and seconded can the president presiding table the discussion to a future meeting 

No.  This question was already answered here https://robertsrules.forumflash.com/topic/40942-motions/

On 3/6/2023 at 10:30 AM, Lori Lukinuk said:

If a Board meeting, by law, is required to be held in public except for specific regulated purposes, can it start the meeting in executive session or must it start in public, then move into executive session by a majority vote to deal with the allowed purpose?  Does RONR address this anywhere? RONR 9:24 states, "A meeting enters into executive session only when required by rule or established custom, or upon the adoption of a motion to do so."  The words "enters into" seem to suggest to me that the meeting must start in public first then enter into executive session.

This may be an easy question and I am overthinking it. 

The attorney for this board should be consulted, but I can't see why, at least under the rules in RONR, the meeting cannot be opened and immediately enter into executive session before they move to the public portion of the meeting.  It is quite commonly done in my neck of the woods, but again, the board's attorney should be consulted to be sure they are in compliance with any applicable procedural rules that directly apply to them.

On 3/6/2023 at 10:14 AM, Guest ralph cunningham said:

If a motion is made and seconded can the president presiding table discussion to a future meeting?

Absolutely not.  The assembly itself may adopt a motion to postpone the pending motion until the next meeting, assuming the next meeting is within a quarterly time interval.  Also see https://robertsrules.com/frequently-asked-questions/#faqs FAQ#12 .  The motion to lay on the table is not the proper motion to postpone something until the next meeting.

On 3/6/2023 at 8:41 AM, Guest *****@*****.tld said:

How do I appropriately thank my SB and SB member for inviting me? Through the chair to Honorable member and then my SB members name? Also, do I mention my Superintendent to thank them for allowing me the opportunity to share information about my school?

Just address all of your remarks, including any thanks you care to give, to the chair instead of members directly and you will be just fine.  

On 3/2/2023 at 11:39 AM, Guest Larry S said:

Our small volleyball association recently had an election for Board Chair. There were no "officially" nominated candidates, so it was an electronic write in election. 

Can we start here?  Is this type of voting expressly authorized by the association's bylaws?

On 2/21/2023 at 3:42 PM, Jay M said:

I wonder if we delete a bylaw by an amendment do we need still keep the corresponding serial number ? for example if there were total 4 bylaws and if we delete bylaw number 2

can't we assign bylaw number 2  to bylaw 3?

Thanks

Articles and Sections can indeed be renumbered.  See RONR (12th ed.), 57:18-19

On 2/21/2023 at 2:29 PM, Guest Leone Edson said:

We are a located in a small town with a large 52 lot housing development that is in the planning stages.  It will be going before our planning commission and then onto our town council for approval.  The issue is that the mayor and two town council members live in the area and I feel that the council members should recuse themselves for personal reasons and lack of impartiality.  What do you think?

Nothing in RONR would compel them to abstain or even suggest that they should abstain from voting, based on these facts.

On 2/16/2023 at 1:49 PM, Guest Richard Lachance said:

we have someone trying to join our organization that we feel won’t help out organization.  Do we have to accept their membership?

How one becomes a member of an organization is entirely controlled by the bylaws.  You will have to look there for an answer.

On 2/16/2023 at 3:15 PM, Guest Kasha said:

Seems maybe RROR does not address leaves of absence. 

That is correct, RONR does not address this.

On 2/15/2023 at 11:35 PM, Joyce Stephens said:

If a motion is not seconded and the presiding person has asked for a second three times, does he then announce that the motion is dead due to there not being a second, and then strike the gavel?

"If no member seconds the motion, the chair must be sure that all have heard it before proceeding to other business. In such a case the chair normally asks, “Is there a second to the motion?” In a large hall he may repeat the motion before doing so. Or, if a resolution was submitted in writing and read by the chair or the secretary rather than by the mover (as described in 4:5), the chair may say, “Miss A has moved the adoption of the resolution just read. Is there a second to the resolution?”; or, if the text of the resolution has been distributed to the members in advance and was moved without being read, the chair may say, for example, “Miss A has moved the adoption of the resolution relating to…, as printed. Is there a second to the resolution?” If there still is no second, the chair says, “The motion [or “resolution”] is not seconded”; or, “Since there is no second, the motion is not before this meeting.” Then he immediately says, “The next item of business is…”; or, if appropriate, “Is there any further business?”  RONR (12th ed.), 4:10

So there is no need to ask 3 times and the use of the gavel should be avoided.

And in 57:10

On 2/14/2023 at 1:29 PM, TheGrandRascal said:

Let's assume, for the sake of the argument, that they have all of these, and that their Parliamentary Authority is RONR-12.

I must remind you all of a quotation I cannot now find, but distinctly remember (though perhaps not in these precise words): "Rules exist for the protection of the minority, and need not be strictly enforced where there is no minority to protect." The rules about meeting notice protect absentees; but in this case, there are none. The rule should therefore be waivable.

No.  According to your facts, this is not a regular or properly called meeting, so it doesn't matter if all members are present.  Absolutely nothing adopted in such a meeting will be valid as it is a fundamental principal of parliamentary law that business may only be transacted at a regular or properly called meeting.  This is not about a rule protecting absentees.

On 2/10/2023 at 2:05 PM, Guest Karen said:

I have a question about proper procedure for revising - not amending - bylaws.  And if you can provide where in RRNR 12th edition to find the procedure, that would be helpful.  A committee has proposed a completely new set of bylaws for our church and are getting ready to present them to the membership.

Can we just follow up on this for a minute?  Did the membership order the committee to prepare a proposed revision?

"Consideration of a revision of the bylaws is in order only when prepared by a committee that has been properly authorized to draft it either by the membership or by an executive board that has the power to refer such matters to a committee."  RONR (12th ed.), 57:5 and also see 57:5 n2.

On 2/10/2023 at 12:31 PM, Guest Buffalo Girl said:

Can you be denied the right to speak in an open forum?

Can you provide more information.  First, are you a member of the assembly that was meeting?  For example, if it was a board meeting, are you a member of the board?  If it was a membership meeting, are you a member of the group.  Also, can you tell us exactly why you were denied the right to participate?

On 1/31/2023 at 5:44 PM, Caryn Ann Harlos said:

If no point of order raised at the time, why a continuing breach?

I have the same question since no one answered yours.

On 2/3/2023 at 10:27 AM, Guest Alician Pearce said:

I am updating my Non-profits By-Laws, and my committee has found numerous spelling errors. Do these need to go to the general membership to be voted on? Or can spelling changes just be made? We do not have a sitting Parliamentarian for our Non-profit, hence the question. Thank you.

I do not think the membership can delegate their authority regarding spelling changes, so they will need to handle that.  See RONR (12th ed.), 57:18-19, for things that may be delegated by the membership.

I agree with Mr. Martin.  No fundamental principle of parliamentary law can be suspended even when all members are present.  Aside from the fundamental principle that business can only be transacted at a regular or properly called meeting, which we are talking about here, do you think any of the others RONR mentions in 25:9 can be suspended even with all members present?

On 1/18/2023 at 2:15 PM, Clyde Waggoner said:

At the beginning of the House of Delegates (HOD), the credentials report is read and then adopted as the official roll of the HOD. At this point, just prior to the adoption of the report, no one is certified as a delegate, not even the members of the Committee on Credentials, Rules and Order.  How can a vote occur if no member is a certified delegate?  The Bylaws state only registered and certified are eligible to vote in the HOD.  

Essentially, non-certified members of the organization, because they are not yet members of the HOD, are adopting a report to create the body of membership for the HOD. How do you think this issue should be addressed, if at all?    

I researched this topic but have yet to find an answer to my question. I apologize if this has been previously addressed, but I failed to find any references to the topic.   

Thank you!

Clyde Waggoner

This is always the case in a convention of delegates.  See RONR (12th ed.), 59:22-24 for full details.

This is from the first sentence in 59:22 - " Before the Credentials Committee report is adopted, since the membership has not been established, the only motions that are in order are those related to its consideration or to the conduct of the meeting before its adoption, as well as those that are in order in the absence of a quorum (40:6–8)."

Maybe Dougmeister can add some facts here.  My reading of the title along with the original post led me to believe no motion will be made and no vote will be conducted. So perhaps he can explain who is doing this presentation, why, and what happens next after the presentation has concluded.  Will there be a motion and vote at a subsequent meeting?  

On 1/12/2023 at 2:13 PM, Guest Mary said:

Our Board will be electing a new Chair during our Reorg meeting this year. The current Chair will start the meeting. Once the new Chair is elected, will they take over running the meeting? I'm thinking they will, but I would like some professional input to either back me up or correct me if I am mistaken.

They take over immediately unless they bylaws say otherwise.

"An officer-elect takes possession of his office immediately upon his election's becoming final, unless the bylaws or other rules specify a later time (see 56:27). If a formal installation ceremony is prescribed, failure to hold it does not affect the time at which the new officers assume office.."  RONR (12th ed.), 46:47

On 1/12/2023 at 9:20 AM, rulesasker said:

Thanks for the rapid response. For this situation, could “hire” mean select the person, and then give a committee the authority to negotiate contract terms? Could the board authorize the committee to offer a salary up to $x? It seems difficult for a board to negotiate a contract.

No I don't they can go that far without bylaw authorization.  

On 1/12/2023 at 9:11 AM, rulesasker said:

If a board’s bylaws give it the authority to hire a particular position, can the board delegate this authority to a committee in a resolution? Or does the board itself need to approve the employment contract?

Not unless the bylaws allow it.

"As a general principle, a board cannot delegate its authority—that is, it cannot empower a subordinate group to act independently in its name—except as may be authorized by the bylaws (of the society) or other instrument under which the board is constituted; but any board can appoint committees to work under its supervision or according to its specific instructions. Such committees of the board always report to the board."  RONR (12th ed.), 49:12

On 1/11/2023 at 12:00 PM, Jeancspeck said:

Apologies - I was just rereading section 35-"To Take From The Table" but am not finding anything about amending something previously adopted...am in the wrong section? My reference is http://www.rulesonline.com/rror-06.htm#35

That link is to the 4th Edition of Robert's Rules of Order published in 1915, that's why.  This is the link to get the 12th edition.  https://robertsrules.com/books/newly-revised-12th-edition/