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rthib

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Everything posted by rthib

  1. rthib

    Conventions

    Required - No. Standard - Yes.
  2. RONR p. 263 RULES THAT CANNOT BE SUSPENDED. Rules contained in the bylaws cannot be suspended.
  3. RONR covers expressing the all views through vote - consenting and dissenting, no change needed. I can see nothing that would require publishing dissenting views. Motion passed 6-1, it is obvious that someone didn't agree - why isn;t important because they did not have the prevailing view. If the vote was 6-3, should the minutes spend more time space explaining the possible three separate reasons people had for voting no versus just saying what the majority passed - that is just silly? The non RONR stuff - The democrat process is about majorities, dissenting views are by definition a minority
  4. Thanks. That was my understanding just wanted a sanity check - since I am dealing with insane people Sorry, Letters are all messed up. Should read Committee B calls, A removes power from B. Is B call still valid since it was made when B had power?
  5. Bylaws say that Committee A or Committee B can call a convention of the body. Committee B passes a motion and issues a Call on March 10 for a Convention on April 30. Committee A (which has the authority to do this) changes Bylaws to remove the power of Committee A to call a convention. This is done on March 20 (after Committee B has already met and passed motion.) Is the call still Valid, since the motion by A was valid when it was made? If not, can you point me to a reference. If still valid, would Committee A need to pass a motion to rescind the call if they wanted to stop the process. Assum
  6. Assume that the body is split on the issue, so the chance of withdrawing the first point/appeal is not going to happen. Also assume that the second point on non-member motion is not as simple as it seems, so it needs to be considered and regardless of decision will also probably result in an appeal. The way I read RONR, is that the point can only be made when the motion is pending. Since the appeal has to finish before the motion is back in play, that process must finish and the only points that could be made would be about the appeal (for instance if the non-member had made the motion to appe
  7. Just to be clear, the second point of order was made on the main motion. So Order was: Main Motion. Point Made on main motion violating constitution. Chair Decides. Appeal Chair decision. Debate on Appeal. During Debate on Appeal, Different point raised on main motion being made by non-member. Now What? So which gets done first? Debate and Vote on Appeal, or does the chair have to rule on the second point first (See Original post for my other questions.) Also, how is the second Point not timely. No debate has begun on main motion. The debate is on the appeal of the chair ruling.
  8. A Point of Order was made on a Motion that is violated the constitution. Chair Ruled against and his ruling was appealed. During the Debate, Someone realized that the person who made the motion was not a member and raised that as a point. Debate continued and the vote overturned the Chair's ruling. Things worked out, but was wondering what would have been the correct way. So My question is - During the debate on the appeal of constitutionality ruling by chair: 1. Could someone raise a point of order on the main motion being out of order because the person was not allowed to make a motion. 2a.
  9. The original question is the opposite question to ask. You should ask the board "from where does a non-member have the right to speak, please show me the reference?"
  10. I assume above is a typo, Section 57 starts on 592 of RONR. RONR pg. 593 discusses General Revisions where the changes are so extensive that you want to replace, which is what you are discussing.
  11. 1. Should my wife and I be told to leave the room during the vote or excluded from the vote due to a conflict of interest? No. You could be asked, but are not forced. You "should" not vote on something that will benefit you, but it is your call. See Faq#9 http://www.robertsrules.com/faq.html#9 2. Should the missing board member been able to vote via text or phone call? No. You have to be there. Nothing allows this unless your bylaws allow. 3. Does a tie mean that the answer to the proposal should have been no and could not be tabled? Yes. A tie mean motion failed. You can't table a failed moti
  12. All I will say is that when I chair in a small group, I will not do something that is absurd just because it is proper. So if everyone votes yes, I will not waste time waiting for no. In fact, if the group was only 6 folks and I got 4 yes, I will not call for nos. Just announce motion carries, wait a beat and then move on. Only thing in minutes is the motion and if it was approved, not vote counts, so no need to waste time.
  13. By strict rules - Yes. But, If you do not and no one objects at the time, then there is no penalty. This is not something that will cause the motion to be overturned at a later date.
  14. To be clear, were none of the ex-officio members given notice? And did you always have every other member there? If your committee is 12 people and only 5 or fewer attended, you may have quorum issues. If only 6 of the 12 people were given notice, you may have issues. That said, if the only actions of the group are advisory, then that action can not invalidate the actions of the larger group. But if there were things done that are the sole responsibility of this committee, then you might have issues. Take a look at RONR p. 251 which discusses timeliness requirement (and items that don't requi
  15. He didn't get a second. Someone yelling Second, is not a second. The chair has to ask. Until someone is recognized and seconds it didn't happen.
  16. Officers are members, they can offer nominations for office just like any other member. RONR doesn't speak of slates but there is nothing that would prevent an officer from nominating a group of people and also saying that they recommend them. But their nominations are no better or worse than any other nomination. Unless you bylaws or rules allow for voting for all offices at once, then if offered as a complete group, a member could object and require voting on each office.
  17. One of the people who used to ask me rules questions has spent last year learning Robert's Rules. At a meeting where someone was proposing rules for the convention, another person was talking about motion to table when things came up that they did not want to discuss. His comment - "I move to postpone indefinitely your improper use of a motion to table". Almost fell off my chair.
  18. Actually what they included was "proposed rules". Nothing wrong with including them but they are not binding. Until the convention is called to order and the members vote on the rules, there are no rules (Other than Constitution, bylaws and RONR). And unless your bylaws say otherwise, nothing that will prevent you from amending or defeating any of those proposed rules. I would view this as a good thing, as you now know in advance what is being proposed and can spend the time before the convention convincing people of the wisdom of your position.
  19. As a member, I would ignore a request to not seek legal council on my own (if I am paying for it and it is outside of the meeting, attorney client privilege would cover any privacy concerns) I would view it same as a motion that a member is not allowed to look at a copy of Robert's Rules - something that is dangerously close to violating my basic member rights to be fully informed. That said, when the member comes back with the advice they got from the lawyer, the rest of the members are more than welcome to ignore her and the advice. Just the same as any other debate a member may bring any in
  20. Did the board agree not to proceed or did they not agree to proceed? For instance, Someone thought it might be a good idea to stockpile twinkies before the zombie Apocalypse. a) Someone made a motion to stockpile twinkies and it failed. You failed to agree to proceed. Someone made a motion that you should not stockpile twinkies - That is a motion to not proceed. So did you pass a motion Not to Proceed?
  21. The important thing to remember is that ex officio only describes how they became a member. After that, baring anything else, they are a member just like any other member and have same rights.
  22. Nothing in RONR prevents someone from bringing up facts as they understand them. From a city standpoint, I am sure that the city council and local paper would be interested to know that an employee is using his position to get his way.
  23. That is a great point. Same reason that a motion requires a second. If no one is interested in a topic or person, why waste the bodies time talking about it or them. If a non-voting member wants someone to be nominated, I suggest they talk to a member and suggest it.
  24. As a rule of thumb, creating a bylaw to try and back into a solution to a problem is usually a bad idea, as years down the road people will forget the reason for the bylaw and will question it. It could be argued that a new bylaw that says filing lawsuits against the organization would not apply to these folks, since they are no longer filing lawsuits. Also creating a rule to punish a past action that was not previously included is questionable. It sounds like you have some members that you want to expel for reason. The lawsuit part is just a symptom. I would simply beef up the part on expulsi
  25. Where this gets interesting is who gets to vote on deciding on who gets to vote?
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