Voting Virtual after the formal Vote was taken at a Board Meeting

[Guest vwh2009]

The Board members at a recent meeting agreed to finalize a discussion of an agenda item via email -- which it discussed but not concluded in the Board meeting. Since there was only an oral report presented to the Board, the members agreed to finalzie the decision via email once the written report and proposal for a motion was sent electronically. The Board members voted in favor of the motion and this was done electronically as a fallow up to the Board decision. Now, some members are questioning if this is an acceptable procedure. Can you kindly provide your advise on this matter. Thanks, VWH

[hmtcastle]

Now, some members are questioning if this is an acceptable procedure. Can you kindly provide your advise on this matter.

All forms of absentee participation (e.g. voting via e-mail) are prohibited by RONR unless specifically authorized by your bylaws (or some superior rule or law).

[Gary Novosielski]

The Board members voted in favor of the motion and this was done electronically as a fallow up to the Board decision. Now, some members are questioning if this is an acceptable procedure. Can you kindly provide your advise on this matter. Thanks, VWH

Unless your bylaws (or applicable law) explicitly authorize e-mail voting, it is prohibited.

And so, since this "vote" did not take place in a legal meeting at which a quorum was present, it was not a vote at all.

Whatever it was attempting to accomplish is, therefore, null and void.