Guest Marlene Posted April 11, 2011 at 01:47 PM Report Share Posted April 11, 2011 at 01:47 PM I am Veep on a Band Booster Board of Directors. Last year, we instituted a FAIR SHARE program, where as each family had the opportunity to volunteer for fund raising opportunities OR pay a fee associated with it. One of the Program's volunteer opportunity was to work two (2) half day sessions at each of the contests we were to host, or pay $60. As time would have it, we were awarded ONE comp. to host. This was communicated to all boosters on Nov. 4, 2011, that they were only required to work ONE contest on 2/4 - 5/2011 or be charged the $60 fee.The new board was just installed, and one of the new members wants to re-vote on this. She did it via email.What is the protocol for voting? What is the protocol for voting on items already agreed upon?PLEASE HELP!Thank you ever so much! Link to comment Share on other sites More sharing options...
Guest Marlene Posted April 11, 2011 at 02:04 PM Report Share Posted April 11, 2011 at 02:04 PM This is the email post that one of the members sent to all current BOD's:Rightfully so, "Mary", "Ann" and "Chris" have voted for the full $60 beingcharged as the parents were duly notified that there would be only the ONEshow to fulfill their $60 fair share requirement.I have read the bylaws and believe that a 2/3rds majority needs to bereached on friendly disagreements and I do not see where all current boardmembers have weighed in on this issue. If you have responded to anotherboard member and I missed your email on this,, I apologize.Can we have a REPLY TO ALL from the remaining board members on this issue?That way, Addie and I can be sure that we keep the books correct on thisissue.I just want to be sure that all voices are heard on this issue and everyonefeels like they have a say in the matter.Again to summarize:We have 3 votes for the full $60 fee "Amy" doesn't feel right charging the fair share due to the one show andthe percussion show cancellation.And I feel like the charge of $30 (one show) is a fair compromise on theissue. Link to comment Share on other sites More sharing options...
George Mervosh Posted April 11, 2011 at 02:25 PM Report Share Posted April 11, 2011 at 02:25 PM "Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws." RONR, p. 555Unless the bylaws were amended to provide for the fee, the whole thing is improper to begin with. Link to comment Share on other sites More sharing options...
Guest Marlene Posted April 11, 2011 at 02:32 PM Report Share Posted April 11, 2011 at 02:32 PM "Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws." RONR, p. 555Unless the bylaws were amended to provide for the fee, the whole thing is improper to begin with.George, the bylaws were amended in May,2010, to reflect the FairShare Requirements. My question speaks to the voting on the working of the past board. There are 8 board members, 5 have voted. 3 in favor of upholding the vote, 1 in favor or releasing people from it, 1 in favor of halving the amount. I don't believe the vote was approached correctly...by email, should a YAY, NAY option be given... with a date and time that votes are to be received?PLEASE HELP. Link to comment Share on other sites More sharing options...
George Mervosh Posted April 11, 2011 at 02:40 PM Report Share Posted April 11, 2011 at 02:40 PM George, the bylaws were amended in May,2010, to reflect the FairShare Requirements. My question speaks to the voting on the working of the past board. There are 8 board members, 5 have voted. 3 in favor of upholding the vote, 1 in favor or releasing people from it, 1 in favor of halving the amount. I don't believe the vote was approached correctly...by email, should a YAY, NAY option be given... with a date and time that votes are to be received?PLEASE HELP.There is no such thing as re-voting. The process used to amend/rescind the requirement is the same as it was to implement it - amending the bylaws. Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 11, 2011 at 02:46 PM Report Share Posted April 11, 2011 at 02:46 PM I don't believe the vote was approached correctly...by email, should a YAY, NAY option be given... with a date and time that votes are to be received?PLEASE HELP.The bylaws must also authorize email voting. And unless the member who sent this email is the Chair, I don't think it carries any weight at all anyway, even if authorized. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 11, 2011 at 07:49 PM Report Share Posted April 11, 2011 at 07:49 PM E-mail voting is prohibited in the first place, unless you have rules in your bylaws to authorize and regulate it.There is no such thing as a "2/3 majority", and there is no such rule as a 2/3 vote for "friendly disputes" in RONR. Your bylaws would have to be very odd indeed to include such a thing. Main motions nearly always require only a majority vote.Since the existing motion was properly adopted, it is already in effect. If someone wants to change it they will need to make a motion to Amend Something Previously Adopted but it has to happen at a real meeting. It will require a second, and the voting requirement is: with previous notice a majority vote or, without previous notice either a 2/3 vote, or a majority of the entire membership. Link to comment Share on other sites More sharing options...
George Mervosh Posted April 11, 2011 at 08:06 PM Report Share Posted April 11, 2011 at 08:06 PM Since the existing motion was properly adopted, it is already in effect. If someone wants to change it they will need to make a motion to Amend Something Previously Adopted but it has to happen at a real meeting. It will require a second, and the voting requirement is: with previous notice a majority vote or, without previous notice either a 2/3 vote, or a majority of the entire membership.Even though this was adopted as a bylaw amendment to begin with? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 11, 2011 at 10:28 PM Report Share Posted April 11, 2011 at 10:28 PM Even though this was adopted as a bylaw amendment to begin with?Well, you raise a good point, but I'm not sure what the bylaws actually say. I was presuming that the bylaws were amended to authorize this fund raising program, but that the details, amounts, etc., could be set by a main motion. That would be the preferable way.But who knows? If the actual amounts being discussed are included in the bylaws, then it would take a bylaws amendment to change them, yes. Link to comment Share on other sites More sharing options...
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