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Shantel Ruebling

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  1. Our board would like to call a special meeting without notice. Per our bylaws, Article V, Section 6 (attached) the Board shall meet on the second Saturday in the months of April, May, June, July, August, September and October in the office of the association. Special Meetings of the Board shall be called with a notice of at least seven (7) days in advance. Since our bylaws do not specifically state who is to be noticed, our bylaws state that we refer to RNRO when no procedural rule has been established Per RNRO, Special Meeting 9:13, states that notice of the of the time, place, and purpose of the meeting, clearly and specifically describing the subject matter of the motions or items of business to be brought up, must be sent to all members a reasonable number of days in advance. In this instance, our bylaws state 7 days. I interpret this to mean we would have to post the notice on the membership board along with an agenda 7 days prior to the meeting. 7-NSPOA BY-LAWS 8-26-2021.docx
  2. So why does this not apply? I thought the only voted in the event of a tie Tie Votes and Cases in Which the Chair’s Vote Affects the Result 44:12 If the presiding officer is a member of the assembly, he can vote as any other member when the vote is by ballot (see also 45:28). In all other cases the presiding officer, if a member of the assembly, can (but is not obliged to) vote whenever his vote will affect the result—that is, he can vote either to break or to cause a tie; or, in a case where a two-thirds vote is required, he can vote either to cause or to block the attainment of the necessary two thirds. In particular: • On a tie vote, a motion requiring a majority vote for adoption is lost, since a tie is not a majority. Thus, if there is a tie without the chair’s vote, the presiding officer can, if he is a member, vote in the affirmative, thereby causing the motion to be adopted; or, if there is one more in the affirmative than in the negative without the chair’s vote (for example, if there are 72 votes in favor and 71 opposed), he can vote in the negative to create a tie, thus causing the motion to be rejected. • Similarly, in the case of a motion requiring a two-thirds vote, if, without the chair’s vote, the number in the affirmative is one less than twice the number in the negative (for example, if there are 59 in the affirmative and 30 in the negative), the chair, if a member, can vote in the affirmative and thus cause the motion to be adopted; or, if there are exactly two thirds in the affirmative without his vote (for example, if there are 60 in the affirmative and 30 in the negative), the chair can vote in the negative, with the result that the motion is rejected.2 Similarly, the chair’s vote might affect the result in cases where a majority of the members can decide a question. The chair cannot vote twice, once as a member, then again in his capacity as presiding officer. 44:13 In an appeal from the decision of the chair, a tie vote sustains the chair’s decision, even though his vote created the tie, on the principle that the decision of the chair can be reversed only by a majority.
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