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Jupiter05

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  1. I wanted to circle back and give an update on this. At the meeting two nights ago, I successfully stopped the approval of the proposed rules. Our board instead decided to consult with a Registered Parliamentarian, which the other board members were not aware was possible, and our legal counsel. Thank you all for your insight and wisdom.
  2. Under RONR, are board members allowed to have an open discussion about a topic on the agenda prior to a motion being made? And then after the motion is made, go to debate if needed?
  3. I appreciate your help. I completely agree that our board needs training. I hope that one day, these board members will be open to that idea or that new ones will be.
  4. I appreciate your offer and may take you up on it. I've reached out to NAP and a referral from there. If I don't hear back from them, I will get in touch with you here. Thanks for your advice!!
  5. Do I just write or call these organizations to ask for a written opinion? Is there a process to follow?
  6. Is there a Registered Parliamentarian here who would be willing to give written and signed opinions and clarifications on whether adopting the proposed rules is advisable? For both the idea of replacing RONR (what was proposed) and the separate idea of adopting the rules in addition to RONR (how one member interpreted the original motion). It may go a long way to helping inform others before they decide how to vote.
  7. Josh, thank you so much for your response. It was really helpful, and I appreciate you taking the time. What if the board wants to use the proposed rules to replace RONR? How do the above rules affect procedure & appeals, then? Would you mind to clarify each rule they are proposing and how it might prevent others from being heard? I am very new to this, have less than a week, and little hope of being able to explain it to them without help. I want to make sure everyone understands what will happen if we approve the rules and how it will affect people's rights.
  8. I agree! However, in a small rural area like ours, most people have never heard of RONR or most of the laws in this state, apparently. When I realized what was happening, I immediately started watching as many training videos and reading as much as I could to use RONR to make sure we are following the state law. In essence, I feel these two members are attempting to keep me from forcing discussions or votes on topics they don't want brought up. When I started, our elementary students were using black-and-white photocopies of reading books originally printed in 1999. So, no, they don't care much for reading it seems. I did get new reading books passed last meeting (the third meeting), thank goodness.
  9. I understand that there is an appeal motion in RONR. But if these new rules are added, can that motion still be used? Or do these special rules prevent it from being used?
  10. I am currently a new member of a local school board in Ohio. The board's bylaws state: 0161 - PARLIAMENTARY AUTHORITY The parliamentary authority governing the Board of Education shall be the most recent edition of Robert's Rules of Order, Newly Revised, in all cases in which it is not inconsistent with statute, administrative code, or these bylaws. AND: 0131 - LEGISLATIVE The Board of Education shall make such rules and regulations as are necessary for its governance and the governance of its employees and students of its grounds or premises by adopting bylaws and policies for the organization and operation of this Board and this School District and shall be bound to follow such bylaws and policies. R.C. 3313.20 Those bylaws and policies which are not dictated by the statutes or rules of the State Board of Education or ordered by the Superintendent of Public Instruction, or a court of competent authority may be adopted, amended, and repealed at any meeting of the Board, provided the proposed adoption, amendment, or repeal shall have been proposed at a previous Board meeting and, once proposed, shall have remained on the agenda of each succeeding Board meeting until approved or rejected except that the Board may upon a vote equivalent to that for adoption, amendment, or repeal and where compelling reasons exist, cause to suspend at any time the operation of a bylaw or policy herein contained, provided the suspension does not conflict with law, and such suspension shall terminate at the next meeting of the Board or at such earlier time as is specified in the motion to suspend. These bylaws and policies may be adopted or amended at a single meeting of the Board in an emergency. An emergency shall be defined for purposes of this rule as any situation or set of circumstances which the Board has reason to believe will close the schools or jeopardize the safety or welfare of the students or employees of the District. Bylaws shall be adopted, amended, repealed, or suspended by an affirmative vote of four (4) members. Policies shall be adopted, amended, or repealed by an affirmative vote of three (3) members. The adoption, modification, repeal, or suspension of a Board bylaw or policy shall be recorded in the minutes of the Board. All bylaws and policies shall be printed in the Board policy manual. Any policy or part of a policy that is superseded by a term in a negotiated agreement shall no longer be in force and effect as a policy. The Board may adopt, amend, or repeal rules of order for its own operation by simple resolution of the Board passed by a majority of those present and voting. The board member has proposed a new set of rules based on what he says has always been done by the board in practice. He and another board member are attempting to pass the new rules in addition to RR without any review by a Parliamentarian or attorney. Here are the rules they are proposing: 1. All meetings must start with roll call vote to establish a quorum for any business to be conducted. 2. Prior meeting minutes shall be approved as is or amended and approved prior to moving on with the current meeting agenda. 3. All board meetings are to be chaired by the board President. In the absence of the board President, the Vice President will assume the chair. If the event that a quorum is present and neither the President nor Vice President are in attendance, the chair shall be assumed by the board member with the most years of board service. 4. All members have equal rights, privileges, and obligations. 5. Off-topic remarks or side discussions during debate are out of order. 6. Only one question at a time may be considered with full discussion of every motion being the objective. 7. A formal proposal made to bring a subject before the board for its consideration and action, begins with "I move that..." or in the case of a recommendation by the Superintendent or Treasurer on the agenda, "I move". 8. All motions require a second before any consideration or discussion is allowed on said motion. Without a second, a motion will not be open for debate or consideration. 9. Motions may be amended before a vote is taken and may be amended by: Striking out words. Inserting or adding words. Striking out words and inserting others in their place. Substituting one (1) paragraph or resolution for another. 10. Members have a right to know what the pending question is and to have it restated before a vote is taken. 11. All votes on motions before the board will be done via voice roll call. A majority vote decides all questions and motions. Role of the Presiding officer To introduce business in proper order per the agenda. To recognize speakers. To determine if a motion is in order. To keep discussion focused on the pending motion. To maintain order. To put motions to a vote and announce results. General procedure for Handling a Main Motion Member makes a main motion. A motion must be seconded by another member before it can be considered. If the motion is in order, the chair will restate the motion and open debate. Debate is closed when: Discussion has ended, or a majority vote closes debate. The chair can restate the motion, and if necessary, clarifies the consequences of yes and no votes. The chair calls for a vote by asking "Roll call vote, please." General Rules of Debate All discussion must be relevant to the immediately pending question or motion. No member should speak more than once for each debatable motion. Speaking time for each member is limited to 3 minutes per motion. No cross debate is permitted. Debate can be ended by a majority vote of the board. In the second board meeting, I made motions according to RR for small boards, without using a second, in order to make sure the board was following the state law for adopting the school calendar, designating public records training etc. I believe that is now why they suddenly want to change the rules, so I cannot put a motion on the floor without a second. However, in Ohio open meeting laws, board members cannot discuss board business outside of the open meeting, so it can be very difficult to get a second on the spot, making it even more difficult to make sure we are following the law. Being able to motion without a second in order to open debate/discussion is very helpful since there are only 5 of us. If they pass a rule requiring a second, I can try to deal with that. But how else are the rules they have proposed possibly putting our board and school district in jeopardy of a lawsuit, breaking the law, or worse? I feel like this is dangerous. The Superintendent and Treasurer are not elected officials, so I don't see how they can make motions. If it's the President's opinion as to whether a "motion is in order" can he just decide it's not and then a member can't propose it? There is no appeal of his decision? What can I do to protect my voice and the students in my district?
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