Motions

[Michael Neises]

This is an election question relative to a church constitution (bylaws).

The constitution calls a pulpit committee to "consider candidates and recommend them to the church. Each man so recommended is to be voted on prior to the appearance of another candidate." The voting is to be by secret ballot at a called meeting of the church after notice of the meeting has been announced from the pulpit on two consecutive Sundays preceding the special meeting.

The pulpit committee voted and recommended a candidate to the church, the announcement was made, and the special meeting was held. The moderator called the church into special session for the sole purpose of voting on the recommendation of the pulpit committee to call the candidate to fulfil the office of assistant to the pastor.

The moderator then proceeded to have the ballots passed out as the constitution called for a secret ballot, which then followed. No motion was made at this point. Since then, the question has come up as to whether or not a motion from the floor was required prior to the ballot. If so, how would the motion read? The power to recommend rested solely with the pulpit committee, and the constitution required a vote. It would seem that would be sufficient, and that placing a motion requirement makes the vote optional (example, what if no one seconded the motion?) In that instance it would not be possible to take a vote, in clear contradiction to the constitution which required a vote.

It is my opinion that no motion was required by the congretaion based on:

1 General method - "All business should be brought before the assembly by a motion of a member or by the presentation of a communication to the assembly(ending in an implied motion.) p.23

2. The principle of notice - The term notice means either of two things in parlimentary law. The first is notice of a meeting, the second, also known as previous notice, is an announcement of certain motions. Such notice is a written announcement given to all members a reasonable time in advance...the announcement must give the purport of the motion in accurate and complete terms, but it does not have to give the precise text. p.89-90

3. Articles of Assemblies and bylaws - The fourth article concerns officers and should specify...their election and it might give details of the electing procedure. p.105

4. Assemblies and bylaws - Bylaws are the most important internal document...the secondary internal governing document of an organization is its rules of order...In the event of a conflict between two or more of the documents, the highest ranking takes priority. p.108-109

Would you agree with this conclusion?

Respectfully,

Michael Neises

[J. J.]

In general an election (and this is what it sounds like) is the assumed motion "that _____ be elected" to the specific position (p. 416). In general, a stated motion would not usually be needed. Nothing that you've posted would indicate any variance from that.

[Kim Goldsworthy]

This is an election question relative to a church constitution (bylaws).

The constitution calls a pulpit committee to

"consider candidates and recommend them to the church. Each man so recommended is to be voted on prior to the appearance of another candidate."

The voting is to be by secret ballot at a called meeting of the church after notice of the meeting has been announced from the pulpit on two consecutive Sundays preceding the special meeting.

The pulpit committee voted and recommended a candidate to the church,

the announcement was made,

and the special meeting was held.

The moderator called the church into

special session for the sole purpose of voting on the recommendation

of the pulpit committee to call the candidate to fulfil the office of assistant to the pastor.

The moderator then proceeded to have the ballots passed out as the constitution called for a secret ballot, which then followed.

No motion was made at this point.

Since then, the question has come up as to whether or not a motion from the floor was required prior to the ballot.

If so, how would the motion read?

The power to recommend rested solely with the pulpit committee,

and the constitution required a vote.

It would seem that would be sufficient, and that placing a motion requirement makes the vote optional (example, what if no one seconded the motion?)

In that instance it would not be possible to take a vote, in clear contradiction to the constitution which required a vote.

It is my opinion that no motion was required by the congregation based on:

1 General method - "All business should be brought before the assembly by a motion of a member or by the presentation of a communication to the assembly(ending in an implied motion.) p.23

2. The principle of notice - The term notice means either of two things in parlimentary law. The first is notice of a meeting, the second, also known as previous notice, is an announcement of certain motions. Such notice is a written announcement given to all members a reasonable time in advance...the announcement must give the purport of the motion in accurate and complete terms, but it does not have to give the precise text. p.89-90

3. Articles of Assemblies and bylaws - The fourth article concerns officers and should specify...their election and it might give details of the electing procedure. p.105

4. Assemblies and bylaws - Bylaws are the most important internal document...the secondary internal governing document of an organization is its rules of order...In the event of a conflict between two or more of the documents, the highest ranking takes priority. p.108-109

Would you agree with this conclusion?

Since the issue being voted on was a RECOMMENDATION, then no EXTRA motion is required.

Did you think that, beside the committee's recommendation, that someone extra must make the identical motion?

[Gary Novosielski]

This is an election question relative to a church constitution (bylaws).

The constitution calls a pulpit committee to "consider candidates and recommend them to the church. Each man so recommended is to be voted on prior to the appearance of another candidate." The voting is to be by secret ballot at a called meeting of the church after notice of the meeting has been announced from the pulpit on two consecutive Sundays preceding the special meeting.

The pulpit committee voted and recommended a candidate to the church, the announcement was made, and the special meeting was held. The moderator called the church into special session for the sole purpose of voting on the recommendation of the pulpit committee to call the candidate to fulfil the office of assistant to the pastor.

The moderator then proceeded to have the ballots passed out as the constitution called for a secret ballot, which then followed. No motion was made at this point. Since then, the question has come up as to whether or not a motion from the floor was required prior to the ballot. If so, how would the motion read? The power to recommend rested solely with the pulpit committee, and the constitution required a vote. It would seem that would be sufficient, and that placing a motion requirement makes the vote optional (example, what if no one seconded the motion?) In that instance it would not be possible to take a vote, in clear contradiction to the constitution which required a vote.

At a special meeting, only the business specified in the call of the meeting may be considered. If the committee recommended the election of one or more candidates, then the chair made no error in assuming the motion. No second is required when a motion is recommended by a committee of two or more people.

It is my opinion that no motion was required by the congretaion based on:

1 General method - "All business should be brought before the assembly by a motion of a member or by the presentation of a communication to the assembly(ending in an implied motion.) p.23

2. The principle of notice - The term notice means either of two things in parlimentary law. The first is notice of a meeting, the second, also known as previous notice, is an announcement of certain motions. Such notice is a written announcement given to all members a reasonable time in advance...the announcement must give the purport of the motion in accurate and complete terms, but it does not have to give the precise text. p.89-90

3. Articles of Assemblies and bylaws - The fourth article concerns officers and should specify...their election and it might give details of the electing procedure. p.105

4. Assemblies and bylaws - Bylaws are the most important internal document...the secondary internal governing document of an organization is its rules of order...In the event of a conflict between two or more of the documents, the highest ranking takes priority. p.108-109

Would you agree with this conclusion?

If the conclusion is that no motion was required then, tentatively, yes.

However, some of those citations are quite general, and indicate only what should be in your bylaws, but don't assure us what actually is in your bylaws. For example, I'm presuming your bylaws actually provide for special meetings and define appropriate notice for them, and that these rules were complied with. If that's not so, then the answer would be quite different.