George Mervosh

From FAQ#10 - As a consequence, the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, or transferability of proxies, and so forth, must be found in the provisions of the law or bylaws which require or authorize their use. [RONR (11th ed.), pp. 428-29.] Now, it's clear. We just can't help.

If the members want to prohibit write-ins adopt a bylaw amendment that says precisely that. It's much easier than interpreting a bylaw provision such as yours.

See your other thread.

The principles of interpretation? RONR (11th ed.), p. 588ff

When a motion to adopt the recommendation is made and before the assembly, it is amendable, yes. The fact that it's a special meeting is not applicable to this specific question.

I think write-ins are still permitted but it's not up to me to agree with you or not, RONR states it's up the members (not the board, executive committee or attorney), in a meeting, to interpret the provisions in their bylaws if such an interpretation is required.

Also, RONR is quite clear that members cannot be assessed any payments aside from their dues unless the bylaws provide for such a payment. So I think your rule regarding a fine is not going to be valid unless it's truly a bylaw provision authorizing them.

Not under the rules in RONR.

If it were a one time thing or something that happens very rarely a request is a good idea and probably should be granted without much fuss, but this and the other comments about what should be in the minutes seems like something far more than a request.

Yes, it's necessary (in case you didn't glean that from Mr. Huynh's answer)

I don't particularly care for the idea of encouraging this member to make such a motion. From the limited facts presented she seems to be the only one who cares enough to mention it to Guest Heather.

Unless 3 of the (estimated) 5 running are so overwhelmingly popular compared to the other 2, there's a good chance not all 3 are going to receive a majority of the votes cast on the first ballot.

Since your question is one which is looking for a practical answer, hold the election early (as RONR suggests) and have enough tellers, and make sure another set (or two) of ballots exist because there's a good chance you'll need them. Unless the facility is going to force you to leave the room in 2 hours, any pre-assigned time for adjournment can be extended by the assembly. A blank ballot is probably best if you can project the names of the nominees on a screen for all to see.

See http://www.robertsrules.com/faq.html#9 for what RONR says. I was going to suggest you check with the council's attorney (or solicitor if you live in PA or in some parts of the Free State of Maryland), but apparently he's not having a problem with the situation.

Just tell her it's not proper under the rules in RONR and insist she point how it is proper if she disagrees, and forget about being diplomatic when the requests are nonsensical.

The members absent from that meeting can indeed participate in the approval process but under the rules in RONR, when there are no {more} corrections, the chair simply declares them approved without a vote.

If he doesn't show up at the next meeting, the assembly can elect a Secretary pro-tem to take minutes. That will but a band aid on the problem for now.

It just adds another layer of potential problems and your fire company seem to have enough already. Read RONR (11th ed.), p. 423, l, 17 through p. 424, l. 2.

A majority of the votes cast (excluding blanks) should be the case even if your bylaws authorize absentee voting, which I do not recommend.

I would recommend a careful reading Section 38, beginning on p. 336 - Renewal of Motions; Dilatory and Improper Motions. From your description, since all of the motions presented basically the same question, a point of order should have been raised, yes. The only way to really get one of them back before the assembly was for someone who voted on the prevailing side (the nay votes) to move to reconsider the vote. If adopted, that would have brought whichever question it was back before the assembly. Oh and the best rule to cite, if they really need it, is probably p. 338, ll. 5-9. It's pretty short and sweet and straightforward.

Yes, it's proper. You do not count the blanks in determining the vote necessary to elect. You only count the ballots where a member has indicated a choice for that office. Assuming there are no write-ins for another person, only one ballot contains his name, there are no illegal votes, and you have a stack of blanks from floor to ceiling, that's entirely possible.

Since write-ins are always permitted under the rules in RONR, and a requirement for a ballot election cannot be waived even if there is only one nominee (the bylaws would have to permit not using a ballot for an unopposed candidate), either he will receive a majority of the votes cast, or someone else might. Since yes/no is not an option, leaving the position blank when voting is proper, but you don't count the blanks, you count the number of votes cast for that position. If, for example 5 people cast votes for that office he only needs three votes to be elected. So casting a blank ballot for that office isn't going to really keep him out. A successful write-in campaign is probably going to be needed to defeat him. You cannot refuse to accept a nomination for a member eligible to be elected.

The minutes need to reflect what actually happened, period. The executive committee can now vote on an amended report to be given to the Board. That gets recorded in the minutes as well. The executive committee's reporting member will simply report to the board the executive committee's final recommendation. Even though your procedure is a bit unusual with all of this board involvement, I think the aforementioned procedure is the proper action to take.

Some of us are still scratching our heads after two or three hundred times.

And if those three motions adhere to the main motion and the main motion is withdrawn properly, they cease to be before the assembly and no further action is necessary. RONR (11th ed.), p. 297, ll. 8-14.