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George Mervosh

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Everything posted by George Mervosh

  1. You many not give any of your allotted time to speak to another member. RONR (11th ed.), p. 388
  2. "After completion of an election or balloting on a motion, unless the voting body directs otherwise, the tellers place the ballots and tally sheets in the custody of the secretary, who keeps them under seal until the time within which a recount may be ordered expires, and then destroys them. A recount may be ordered by the voting body, by a majority vote, at the same session at which the voting result was announced, or at the next regular session if that session is held within a quarterly time interval (see pp. 89–90). A recount may also be ordered at a special session properly called for that purpose, if held within a quarterly time interval of the session at which the voting result was announced and before the next regular session." RONR (11th ed.), pp 418-419 This is, as usual in RONR, very clear cut with really no need for interpretation.
  3. The Board could only approve the minutes in question if the membership authorized it to do so, which they should, or they should appoint a committee to do so if they don't want the Board to do it. They should not wait a year for them to be approved. "When the next regular business session will not be held within a quarterly time interval (see pp. 89–90), and the session does not last longer than one day, or in an organization in which there will be a change or replacement of a portion of the membership, the executive board or a committee appointed for the purpose should be authorized to approve the minutes. " RONR (11th ed.), pp. 474-475 Without that authorization I agree with Mr. Huynh.
  4. 1) Yes. 2) No. 3) No, but a note saying they'd serve is a nice idea due to the rule on p. 444 - "An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election." 4) RONR forbids proxy anything and offers no rule regarding the matter. 5)Absentee voting is not permitted under the rules in RONR, so the group has to interpret any applicable rule on the subject if interpretation is required.
  5. It appears their city attorney had no problem with whatever happened.
  6. Nothing in the facts presented seem to indicate any violation of the rules in RONR.
  7. But I think Nosey has made clear that they are using the procedures for small boards.
  8. Yes. RONR doesn't define any such situations nor does it make mention of any code of conduct or similar document. It only notes that if disciplinary action is desired for improper conduct outside of a meeting a trial must be held.
  9. Since you've adopted a rule without the exception for an appeal found on p. 389 I'm inclined to think the special rule of order applies as written, with no exceptions.
  10. It's the same vote as the motion to amend something previously adopted. But he should still check with the authority's attorney (or solicitor if you live in PA and in some parts of the Free State of Maryland).
  11. As far as reading the letter: " If any member objects, a member has no right to read from—or to have the secretary read from—any paper or book as a part of his speech without permission of the assembly." RONR (11th ed.), p. 298, but you might want to read the entire passage. Under the rules in RONR that material would not go into the minutes and you could move to have it removed since it shouldn't be there in the first place, but municipal authorities tend to have procedural rules in statute or their own special rules which govern this. The authority's attorney can advise you on that.
  12. Please see Mr. Gerber's post here https://robertsrules.forumflash.com/topic/25416-important-read-this-first-faq-and-information-for-new-members-and-guests/
  13. "authority, variations, 482–483, 577–578, 586 " RONR (11th ed.), p. 675
  14. " It should be noted that a member's absence from the meeting for which minutes are being approved does not prevent the member from participating in their correction or approval. " RONR (11th ed.), p. 355 RONR notes a motion to approve the minutes is unnecessary as the presiding officer simply declares them approved after any corrections are disposed of, whether or not a motion is made to approve them (or approve them as corrected).
  15. "The rule on abstaining from voting on a question of direct personal interest does not mean that a member should not vote for himself for an office or other position to which members generally are eligible, or should not vote when other members are included with him in a motion. If a member never voted on a question affecting himself, it would be impossible for a society to vote to hold a banquet, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them (61, 63). RONR (11th ed.), pp. 407-408
  16. "A record of the board's proceedings should be kept by the secretary, just as in any other assembly; these minutes are accessible only to the members of the board unless the board grants permission to a member of the society to inspect them, or unless the society by a two-thirds vote (or the vote of a majority of the total membership, or a majority vote if previous notice is given) orders the board's minutes to be produced and read to the society's assembly." RONR (11th ed.), p. 487 No distinction is made between a meeting or a portion of it being held in executive session and RONR makes no distinction about new and old board members, just those who are members at the time they wish to have access to the minutes.
  17. By the way the timing of our Guest's scenario is really strange. If this isn't a hypothetical question It's almost like they stopped mid meeting to find out what to do next.
  18. But he needs to be careful with this option since they did vote to take the main motion from the table: "A motion to Lay on the Table that has been voted down can be renewed, or a question that has been taken from the table can be laid on the table again, subject to the following condition in either case: A motion made the same day to lay the same question on the table is in order only after material progress in business or debate has been made, or when an unforeseen urgent matter requires immediate attention. (This rule is a consequence of the fact that the rejection of a motion to Lay on the Table or the taking of a question from the table means that the assembly wishes to consider the matter at that time.) " RONR (11th ed.), pp. 213-214
  19. First off, it seems the motion to lay on the table was not properly used, but that's almost always the case. See http://www.robertsrules.com/faq.html#12 I suppose the rest of your scenario hinges on whether or not each meeting in your Senate is a new session and how often these meetings are held, since "In cases in which the next regular business session will be held before a quarterly time interval has elapsed (see pp. 89–90), a question laid on the table remains there until taken from the table or until the close of the next regular session; if not taken up by that time, the question dies." RONR (11th ed.), p. 214 It's quite likely the motion that they were trying to take from the table was dead already.
  20. This is not necessary if a ballot vote is not required by the bylaw and improper if one is required. Is it required? "If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or "acclamation." '" RONR (11th ed.), p. 443 After the chair's declaration, the election is complete, and if your rules require a swearing in process, that can take place in accordance with that rule. RONR requires no swearing in ceremony to hold office.
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