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Found 15 results

  1. So question: an P&Z elected board of 5 has a meeting 1) the Chair is not present 2) Another member is not present 3)Vice Chair seats 1 alternate and goes on with meeting there are now 4 there = quorum 4) planning & zoning issue goes to vote 5) 1 member & Vice Chair vote no 1 member & alternate vote yes 2:2 tie ++++++ ? Should vote fail because of tie ? ?Or should issue be held pending tie breaker Vote of Actual Chair Person
  2. A public board has a total of 9 members, 7 are present for a meeting so a quorum exists. A vote arises with 3 in Ayes, 3 Nays and 1 abstention. The motion does not pass, correct?
  3. Guest

    Assistant Treasurer

    Our town had a special town meeting to discuss and vote on the town purchasing a property. We did a ballot vote and ended up in a tie. The moderator did NOT vote. Once the ballot clerks told him it was a tie, he announced it to the people and then said the moderator casts his vote to break the tie. He voted in favor of the purchase. Now a few people are saying that that is not legal/proper way and that the vote should be cancelled because it was a tie and that the moderator can't break it because it was a ballot vote. We are trying to find some clarity on this. Thank you!
  4. Hi All, Our Board is comprised of (3) Executive Board Members and (3) Directors What happens when there is a tie vote? Also those on the Executive Board hold multiple positions: One member is the President, Treasurer and Director, can that person cast (3) votes? Thanks very much.
  5. We have a family business that by all measures would be considered very successful. Our President and BOD, which have been in place for the past 5 years, are all family shareholders and are 100% credited with the growth and profitability of the business. Between the President and the 3 other sitting Board Members, we have the controlling vote for most business decisions to include Board/officer nominations, but not for bylaw changes or dividend distributions. For these we need a 2/3 majority. Recently however we had a deadlock vote on one of our Board/Officer positions and we don't know how to resolve the matter. A standing Board Member/Officer received half of the shareholder votes, and a newly nominated shareholder received the other half of the votes. For clarification, we vote our % of ownership. We have searched all available materials and websites to understand how these matters are typically resolved and we cannot find a general consensus. We were told that voting must continue until the tie is resolved but our shareholders are split right down the middle and there will not be a resolution. It was also suggested that RONR addresses this topic but we cant find the rule. Apparently in the case of deadlock votes, where an officer is concerned, the default is that the incumbent maintains their position until the matter has been resolved or the next election takes place? And though I like the outcome of this because it favors the managing majority, I am concerned that this sets up legal action between the Shareholder group, and that's obviously not good. We have evaluated the concept of Provisional Directors and this seems tricky as well in that they are court appointed, and if they aren't court appointed, how would you ever get the Shareholder group to agree on who the Provisional Director would be? This is a pivotal point in our business because IF this officer who is being challenged is removed, the controlling interest of the company shifts to a portion of the family who are not even involved in the day to day running of the company. As our business grows and shares get distributed to more and more family members, its also critical that we set precedent on how these difficult matters should be handled in the future Thank you for your consideration, any guidance or clarification this forum can provide would be most helpful. Tom
  6. Guest

    Tie vote

    If the total vote on a motion ends in a tie and there is no one to vote to break the tie, is the motion defeated??
  7. I am working on writing a Conflict of Interest policy for our non-profit. But I have a quick question I cannot find an answer for. If there is a possible conflict of interest among one of three board members and a vote is called, how would a possible tie be handled? (One board member is the person with the possible conflict, one member for for and another against, thus resulting in a tie.) Any help would be appreciated.
  8. Guest

    Tie Ballot Vote

    An election took place, has always included nominations from the floor on election day and absentee ballots, which resulted in a tie. The chair then announced a run off election would take place immediately to break the tie. It was also announced the absentee ballots would not be counted. Was the correct procedure followed under Roberts Rule of Order as the by-laws do not address?
  9. Guest

    Election Tie

    Our union recently held an election for union reps. We had 7 people running for 5 spots. Two people tied for the 5th position. Question: Do we need to conduct the entire election over again or do we just have a run-off election for the two candidates who tied for the 5th spot?
  10. Does Robert's Rules of Order apply to the election of trustees by the overall membership of a subdivision? If so is there any guidance with regard to what actions need to be taken in the case of a tie vote for the last trustee position? Our Rules and Regulations do not contain any guidance for a tie vote.
  11. Our HOA Just had an election regarding an in house Resident Manager. A Committee was formed to elect Three Candidates, All three were presented and we moved forward to voting first by a motion to eliminating the third (bad idea in retrospect), then BLIND BALLOT Casted for the remaining two. First issue was that there was a TIE (3-3), We are a Nine Member board, we had quorum of more than five (6 specifically), however the PRESIDENT Could not confirm wether a Majority Vote of Quorum members was all that was needed or a Majority of Total board (5). Therefore we closed to discuss the options with our MANAGING AGENT the following day since she was not present at the meeting. Overnight, someone called to change his vote from one candidate to the other Via Phone to our Managing Agent thereby supposedly yielding a Majority. Re-vote was declared via email, however a motion to reconsider candidates was made, and seconded before any second to revote or even official statement motion to revote was made. Is this change of vote automatically considered acceptable and the majority automatically accepted even though it was a blind vote and session closed without continuance issued or will it only count towards a RE-Vote? At this point is a motion to revote necessary? IF So is a motion to reconsider Acceptable from either side voting party since no Majority was declared? If the motion to re-vote is unnecessary and considered automatic then the rest is Moot except for the fact that voting was conducted via email which our by-laws has no specifications regarding the rights of doing so. I believe his change of vote is null for the instance regarding the results of the closed ballot conducted the previous night. It is acceptable change for the revote, however that seems to be a motion that needs to be declared. IN light of a motion to re-vote so too should we consider a motion and second to reconsider before moving forward in voting. The president stood by his decision to allow the automatic revote, tallied new votes (4-0) since the two that motion had abstained, new RM installed. I can not push forward any wrong doing at this point, but as matter of teaching and educating the board, and myself I would love to hear your perspective in accord with ROR. I have read motions regarding votes, and ties, and this is very gray from what I could gather from the existing forums. Unfortunately the formality of Roberts rules is mostly not considered in most board meetings, however, state statutes regarding Condo. Associations specifically recommend we conduct business with such guidance and formality. Mahalo Nui Loa (Thank you very much) KB
  12. Whtat is considered correct (or at least proper) proedure in an election for a committee chair in which the vote ends in a tie of two candidates? We had 4 votes for one person, 4 votes for another, and one abstention. What actually occurred is that some (not all) of the committee members were informed of the tie, and then the member who had abstained from voting changed his/her mind and re-cast his/her vote for one of the candidates, thus "electing" that person by a majority of one "vote". None of the other members were aware of this until the results of the "election" were announced, thus none of them also had the opportunity to change their vote.
  13. Guest

    presidential voting

    At our recent semi annual meeting the mailed in ballots from a district were counted and a winner was declared. We then had a premembership meeting with executive committee and just the results was declared. We then had our membership meeting and the winner was installed in office. The newly elected board was having a meeting following the membership meeting and I asked for a report on what the vote was. They said they counted the ballots and it was a tie. So, they notified the President to break the tie. They keep saying the President CANT vote which is incorrect so they asked the President to declare who he voted for and then pulled the ballot and declared the other person the winner. This all was done on a tuesday, today is friday three days after the fact. Can a point of order be raised and the secretary be ordered to resubmit ballots in the mail to the district, this time not mailing one to the President so he can wait to vote in case of a tie or to make a tie at that point whichever they decide? This just makes me feel "off" if I do not say something here to the board. My feeling is once the vote was counted and the president had their vote included to make a tie the election should have been completed and new ballots would have to be issued. Going back and pulling the Presidents vote after the fact seems odd. The presidents friend was one of the people running and it actually hurt his friends chances at being elected to the board.
  14. A committee of 8 is charged with electing its own chair. The vote resulted in a 4 - 4 tie. What is the appropriate way for the chair to be elected? Where in Roberts Rules is this addressed?
  15. Can you revisit or reconsider a motion at a subsequent meeting that failed for lack of a majoriy vote? There was a tie vote because one member was absent. If the motion can be revisited or reconsidered who is the proper person to request reconsideration? Is it the person that was absent or can any member ask for a reconsideration?
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