laser158689

I'm gonna shift off RONR and the example in the OP and add that in some states (CT certainly), any deliberative communication among a quorum of members of a public body can be considered a meeting.  If 4 members of a 7-person committee run into each other at a restaurant and discuss a topic related to the committee, it could be construed as a meeting.  An email back-and-forth amongst the committee members can be considered a meeting.  These scenarios then run afoul of an open meetings requirement for notice.

Does a committee have the inherent right to address assembly-specific issues?

If there is another committee which does have authority in the relevant area, but does not take up the issues, does that change anything?

If the Labor Contracts Committee motion is ruled out of order at the meeting, but is properly noticed, can someone else simply make the same motion, and if seconded, have it taken up?

We had an electronic voting snafu at our last town legislature meeting.  One of the committees took up the issues and wants to make some motions to the full body to correct them along with a motion to rescind a motion which passed by a very narrow vote made questionable by the procedures used at the meeting.

Given that this committee has a narrow scope in the body's rules (bylaws), would their motions be in order?

Here is the description...

Function. The Labor Contracts Committee shall examine and analyze each proposed labor contract which has been imposed by arbitration or tentatively approved by the Town or the Board of Education of the Town and a labor union. For those contracts negotiated by the First Selectman, its scope of review shall be limited by the Municipal Employee Relations Act. It shall advise the assembly as to the desirability of ratifying all labor contracts.

Does a committee have the inherent right to address assembly-specific issues?

If there is another committee which does have authority in the relevant area, but does not take up the issues, does that change anything?

If the Labor Contracts Committee motion is ruled out of order at the meeting, but is properly noticed, can someone else simply make the same motion, and if seconded, have it taken up?

In the original post, I think there's an implied distinction between the mechanistic preparation of the agenda vs the addition of specific items (eg a new resolution coming from the Library Director).

Maybe I read too much into the question?

Is the Library Director even a member of the Board?

Where do new items which appear on a draft agenda or Call end up in the OOB, if that draft agenda is not adopted (voted on)?  New Business?

Should all items in a Call appear in a draft agenda?  

Should items given previous notice (RONR 12th ed. 10:50) which are entered in the minutes not automatically end up on the draft agenda and/or Call?  What's the point of entering them solely in the minutes?

Thanks @J. J.!  Is that full article available online and would you pls reply with a link?

Trying to picture a non-disciplinary motion to censure.  Any examples?

My town legislative body had a voting method where each member in a district marking their vote on a common card (230 members, 12 districts, 12 cards).

This card was often thought of as a "ballot" by the members.

As an aside, in district/committee, where actual ballots are used, guidance has been that they need to be signed, but individual member votes where note recorded, only the tally.

Is any method where the vote of every individual member is documented considered a roll call vote?

A footnote on page 608 of RONR(12th ed.; §61) says "1. It is also possible to adopt a motion of censure without formal disciplinary procedures."

What does that look like?  A simple motion "I move that Bob Smith be censured"?  Does it need a reason "I move that Bob Smith be censured for making false statements"?

Are there guidelines around it's usage versus a formal disciplinary procedure?

Looking to correct some issues with implementation of a new electronic voting system.  How broad can the notice be written to allow for possible changes to the bylaws?

"Issues related to electronic voting and possible bylaws amendment to address them"  Is that too broad to satisfy our notice requirement?

Bylaws - "Bylaws may be amended on motion at any duly called and held meeting by a majority of the members present, provided that notice of the proposed amendment shall have been included in the Call of the meeting."

Is notice of amendment, generally, acceptable, as opposed to a specific change?  Is there something in between (not just generally changing bylaws, but changing bylaws related to a subject or section)?

Thank you, as always, Mr. @Josh Martin

Growing pains with a new electronic voting system...

Some folks believe their votes were recorded incorrectly (or not recorded at all).  The vote was very close (3 out of ~205 attendees)

The issues were not identified until after the vote was announced and another motion taken up.  (No chance to move for a recount with a different method.)

No one thought to suggest a motion to Reconsider on the part of someone mis-assigned to the winning side (if such a person exists).

What other options are there?  Rescind something previously adopted?

Thanks!

Does anyone have an example of how the minutes should be written when a filling the blanks method is used?

Thank you Mr @Atul Kapur  That was some… interesting… reading. 

An appointment would take the form of a main motion like this...

On 1/9/2023 at 5:16 PM, Rob Elsman said:

But, aren't the appointed members actually elected by the board? 🧐

Sounds like they are appointed by the Board, as opposed to an election among the assembly itself.

A Member/Director may be elected to a maximum of two (2) three-year terms, six (6) years total, on the Board of Directors.

Not seeing a conflict.  Articles of Incorporation speak to elected members & their limits.  Bylaws are about appointed members.

I admit to being a bit surprised that a government body with a $1+B budget does not have some governing rules - statutes, bylaws, something.

Sorry, but I have no idea which city and which border.  Pls share a link with the details on the one third "majority" to educate at least me!

What do the applicable statutes & bylaws say about the annual budget process?  It sounds doubtful that they reference the special meeting, and as such, there is probably another opportunity for public comment on the proposed budget.

If not, or even just because you don't like the short notice/publication of the documents, provide feedback to all the members of the body.  They may take it to heart and provide another special mtg or an actual public hearing.

So, the President, who is no longer a Board member, can attend that first meeting of the year, which is held in "closed Executive session"?  Does that President have a right to attend, or have to be invited (and if so, by whom)?

Do your rules say when these nominees join the executive committee?  Upon endorsement?  (What happens if you have multiple candidates and you don't endorse any of them?)

It sounds like these ex officio members have the right to vote.  Pls confirm.

On 12/22/2022 at 2:30 PM, Josh Martin said:

The person(s) with authority to call a meeting have the authority to specify the date, time, and place of the meeting.

 

@Josh MartinThat seems logical.  Do you have a citation to that effect?

There are some serious second-order implications, too.  Does the authority to call a meeting include the authority to spend funds on a venue, perhaps not the normal venue?

Also, how do you reconcile the use of the word "desired"?