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George Mervosh

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Everything posted by George Mervosh

  1. That's because there are no rules in RONR regarding posting minutes online. The society could adopt some standing rules regarding the matter. RONR (12th ed.), 2:23-24
  2. The minutes are a record of what was done during the meeting itself. No observations made after the meeting ended should be included at all in the minutes.
  3. See if FAQ#1 helps you out. https://robertsrules.com/frequently-asked-questions/#faqs
  4. I think we all agree with Mr. Merritt, Mr. Lages, and Mr. Novosielski that convening it at the originally appointed time in September and setting up an adjourned meeting if a quorum was not present would have been the way to go. So what should they do now, since that's not possible?
  5. But, Mr. Cummings, you have stated that this is an original main motion, so you are not presenting a set of facts where the scope of notice applies, at least as far as I can tell.
  6. Is the motion in question an original main motion or one that amends something previously adopted?
  7. I'm puzzled as well, because, as per 63:30, the assembly can allow a non-member to act as defense counsel, which seems entirely consistent with the general rules relating to executive session, but then in the same section, RONR states that a non-member witness may only be present while testifying (no exceptions stated). It seems that these specific rules relating to the disciplinary process apply as written, so I think that is how I would proceed.
  8. If all members of the society are present at a regular or properly called meeting, the quorum requirement can be suspended and you can approve your new member. RONR (12th ed.), 25:10 Then your society may want to consider amending the quorum requirement in the bylaws.
  9. Yes, you are reading it wrong: "In an assembly except when applied to a constitution, bylaws, or special rules of order, require (a) a two-thirds vote, (b) a majority vote when notice of intent to make the motion, stating the complete substance of the proposed change, has been given at the previous meeting within a quarterly time interval or in the call of the present meeting, or (c) a vote of a majority of the entire membership—any one of which will suffice." emphasis supplied. This is the requirement for a standing rule. These are the requirements for bylaws which contain no provision relating to their amendment and special rules of order. " If the bylaws or governing instrument contains no provision relating to amendment, a motion to rescind or amend applied to a constitution or to bylaws is subject to the same voting requirement as to rescind or amend special rules of order—that is, it requires (a) previous notice as described above and a two-thirds vote or (b) a vote of a majority of the entire membership." emphasis supplied.
  10. "In any event, no action of the board can alter or conflict with any decision made by the assembly of the society, and any such action of the board is null and void (see 56:41 and 23:9). Except in matters placed by the bylaws exclusively under the control of the board, the society's assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late (see 35). It should be noted, however, that exactly the opposite condition prevails in connection with boards of business corporations, in which the board has exclusive power and authority to operate the business." RONR (12th ed.), 49:7 Your department will need to look to its bylaws to determine if the board has exclusive control over this matter.
  11. "By means of the motions to Rescind and to Amend Something Previously Adopted—which are two forms of one incidental main motion governed by identical rules—the assembly can change an action previously taken or ordered. Rescind—also known as Repeal or Annul—is the motion by which a previous action or order can be canceled or countermanded. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted at some previous time. Amend Something Previously Adopted is the motion that can be used if it is desired to change only a part of the text, or to substitute a different version." RONR (12th ed.), 35:1 "Can be applied to anything (e.g., bylaw, rule, policy, decision, or choice) which has continuing force and effect and which was made or created at any time or times as the result of the adoption of one or more main motions." RONR (12th ed.), 35:2 2) Nothing here suggests the action which is to be rescinded never happened. If it didn't happen, what would there be to rescind in the first place?
  12. Also, no rule in RONR requires a committee to keep minutes the way a regular assembly must.
  13. I don't think so unless the accused and the board both agreed to it.
  14. However it's not a bad idea to have an odd number of members for purposes of achieving a quorum. Especially in a small committee.
  15. Yes it may be amended but there will be restrictions on the subsidiary motions to amend. See RONR (12th ed.), 57:10-13.
  16. A motion/resolution submitted in writing with a preamble ("grounds" in your post) are certainly permissible but not required and RONR does not recommend one. " It is usually inadvisable to attempt to include reasons for a motion's adoption within the motion itself. To do so may encumber the motion and may weigh against its adoption—since some members who approve of the action it proposes may dislike voting for it if it states reasons with which they disagree. " RONR (12th ed.) 10:16 Also, the maker of a main motion is entitled to speak to it first if he so chooses. He can state his reasoning during debate if he wants. Does this answer your questions?
  17. No, a quorum must be present. Also, if the governing documents require a vote by ballot the chair can never declare a sole nominee elected, even with a quorum.
  18. Pitching in to help Mr. Brown - RONR (12th ed.), 1:4
  19. "Unless an adopted main motion specifies a time for the termination of its effect, it continues in force until it is rescinded." RONR (12th ed.), 10:26 n.3.
  20. I do realize this one may be tricky since we don't have the exact bylaws language regarding bylaw amendments. Tapestry does say the notice is sent to the membership. If that's the case 25:10 may not apply in this case. I'd like to see a case where it does though!
  21. I don't understand your reply. In 10:44 we are told that "The term previous notice (or notice), as applied to necessary conditions for the adoption of certain motions". That has its application inside of a session and 25:10 directly mentions previous notice.
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