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laser158689

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Posts posted by laser158689

  1. On 5/8/2024 at 7:00 PM, laser158689 said:

    Hmmm...  14:11 doesn't introduce any potential caveat to a "regular order of business" until the second sentence.  If that's a dependency for all of 14:11, the next edition should call that out earlier.

    Another suggestion...  Remove item 69 from the II Table of Rules Relating to Motions as it just references §35 Rescind; Amend Something Previously Adopted.

    While I'm at it...
    A reference in §14 to §21:7 would be really helpful.

  2. Going back to an earlier question in this thread, which of the possibilities in §14 SCD2 encompass "reports"?  Main motions?  Orders of the day (which seem to stem from main motions - "Can be applied to main motions...; can thus be applied to orders of the day... while they are actually pending as main motions...")?

     

  3. On 5/8/2024 at 11:38 AM, Dan Honemann said:

    What you are referencing in 14:11 is not applicable to your situation.  In your situation the assembly is proceeding under and in accordance with an agenda which it has adopted.

    Hmmm...  14:11 doesn't introduce any potential caveat to a "regular order of business" until the second sentence.  If that's a dependency for all of 14:11, the next edition should call that out earlier.

    Another suggestion...  Remove item 69 from the II Table of Rules Relating to Motions as it just references §35 Rescind; Amend Something Previously Adopted.

  4. I have to add a caveat that electronic voting systems are fallible, too.  Some of them are "audience response" systems that only need to be "close" most of the time, as opposed to "correct" all of the time.  They also may require a good deal of user training, despite the apparent simplicity.

    You bylaws need to account for the nuances of the technology.  When there is a display of a recorded vote, and an individual sees that their vote is recorded incorrectly, do you have a process to handle that?  What if the electronic voting system goes down entirely?  Partially (say for only those not physically in the room)?

    Do some serious thinking about all of the modes of failure, user error, and the individual rights you want to protect.

  5. In CT, municipal legislative bodies only have authority to reject tentative labor contracts.  As such, motions on contracts are phrased as rejections.
     

    I'm sure there other subjects where that's the only way to properly phrase the desired action, but I expect that's a very small set.

  6. My Town's legislative body does things in a unique, but practical, manner that doesn't always match RONR.

    Our standing committees often have overlapping responsibilities, and each is automatically assigned the same items that will come before the body, eg buying property for a park would involve Budget, Finance, Land Use, P&R and maybe more committees.

    As a result, they report on the item when it comes up rather than covering multiple items in a single report in the standard order of business.  Often those reports are ordered based on which chair is closest to the podium.  Once they all report, we consider their motions, in order of precedence.

    This month, there are multiple overlapping & conflicting items.  There are multiple known amendments for the one that will come up first.  When it comes up, there's a "first mover" advantage (or at least the first mover could be very limiting on what happens next.)

    Yes, our non-conforming practices put us in this situation.

     

  7. Town legislative body was debating an amendment to an existing ordinance.  Another Town body (which originally created that ordinance and believed that gave it sole authority over it) rescinded the entire ordinance (in its view, to allow the legislative body to act).

    So, the legislative body will be presented with taking up again a motion to amend an ordinance which no longer exists.

  8. Generally, a city has several independent governmental entities - Mayor, City Council, Board of Education, Planning Board, etc.

    It's unlikely that there's a blanket ordinance or similar that mandates RONR for all city entities.  Perhaps even less likely at the state level.

    You're more likely to find such a reference in the bylaws/rules of the individual entity, eg Board of Education.

  9. As I summarizing where we ended up correctly with this...

     

    RONR…

    Quorum + no notice + bylaw amendment => majority of membership

    Quorum + notice + bylaw amendment => 2/3

     

    WIth Bylaw text (2/3, no notice requirement) as described by OP…

    OP bylaw text + quorum + no notice + bylaw amendment + out-of-scope amendment => 2/3

    OP bylaw text + quorum + notice + bylaw amendment + out-of-scope amendment + half of membership present => 2/3

    OP bylaw text + quorum + notice + bylaw amendment + out-of-scope amendment + half of membership NOT present => out of order

     

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