Voting by Executive Committee members

[ki4nai]

Please provide in-sight into this issue as it relates to our Bylaws noted below: Based upon Article III, the EC is made up of 7 members (currently), 5 elected, 2 given the position by Section 6. The club does not follow RORH, thus how would the issue of the 2 non-elected positions be handled as far as voting on matters involving the Executive Committee. My take on this, is that the bylaws do not address this issue, thus they are non-voting members of the committee. However, they have been allowed to vote in the past, but we have no written document to support this right to vote.

Article III—Executive Committee

Section 1. General Powers. The Executive Committee may exercise any powers accorded such boards by the laws of the State of Colorado and shall manage the affairs and property of the Corporation.

Section 2. Property. No Executive Committee member may assume, by virtue of his or her office,to have any right, title or interest in or to the real property of the Corporation.

Section 3. Powers of the Executive Committee. The Executive Committee shall: (1) hold meetings of the Executive Committee at such times and places as it deems proper; (2) appoint committees on particular subjects from the members of the Corporation; (3) organize the annual meeting of the Corporation; (4) audit bills and disburse the funds of the Corporation; (5) carry on correspondence and communicate with other organizations and associations; and, (6) take any and all actions necessary to promote the objects of the Corporations and to best protect the interests and welfare of the Corporation.

Section 4. Age Requirement: Any regular member shall be eligible to hold an elected office as long as he or she is at least eighteen years of age at the time of his or her election.

Section 5. Terms of Office: The President, Vice-President, Secretary, Treasurer, and Membership Director shall take office on the September 1st immediately following their election and shall serve a term of two years. All Presidents Emeriti shall serve for life.

Section 6. Executive Committee Elections. The President, Vice President, Secretary, Treasurer, Membership Director, and all Presidents Emeriti shall constitute the Executive Committee of the Club.

Section 7. Officer Duties. Duties of the Elected Officers as noted above was edited for space

All former Presidents will be given the title “President Emeritus” and will be considered a member of the club’s Executive Committee, until such time as a President Emeritus may inform the Executive Committee

in writing that they are resigning the title of President Emeritus. Once this title has been resigned, it may not be reassumed, except by subsequent service as President of the Club.

(note: we are aware that section 7 is in need of dire re-write, but some members are not in favor of such, which has caused another debate)

[Gary Novosielski]

Please provide in-sight into this issue as it relates to our Bylaws noted below: Based upon Article III, the EC is made up of 7 members (currently), 5 elected, 2 given the position by Section 6. The club does not follow RORH, thus how would the issue of the 2 non-elected positions be handled as far as voting on matters involving the Executive Committee. My take on this, is that the bylaws do not address this issue, thus they are non-voting members of the committee. However, they have been allowed to vote in the past, but we have no written document to support this right to vote.

Article III—Executive Committee

Section 1. General Powers. The Executive Committee may exercise any powers accorded such boards by the laws of the State of Colorado and shall manage the affairs and property of the Corporation.

Section 2. Property. No Executive Committee member may assume, by virtue of his or her office,to have any right, title or interest in or to the real property of the Corporation.

Section 3. Powers of the Executive Committee. The Executive Committee shall: (1) hold meetings of the Executive Committee at such times and places as it deems proper; (2) appoint committees on particular subjects from the members of the Corporation; (3) organize the annual meeting of the Corporation; (4) audit bills and disburse the funds of the Corporation; (5) carry on correspondence and communicate with other organizations and associations; and, (6) take any and all actions necessary to promote the objects of the Corporations and to best protect the interests and welfare of the Corporation.

Section 4. Age Requirement: Any regular member shall be eligible to hold an elected office as long as he or she is at least eighteen years of age at the time of his or her election.

Section 5. Terms of Office: The President, Vice-President, Secretary, Treasurer, and Membership Director shall take office on the September 1st immediately following their election and shall serve a term of two years. All Presidents Emeriti shall serve for life.

Section 6. Executive Committee Elections. The President, Vice President, Secretary, Treasurer, Membership Director, and all Presidents Emeriti shall constitute the Executive Committee of the Club.

Section 7. Officer Duties. Duties of the Elected Officers as noted above was edited for space

All former Presidents will be given the title “President Emeritus” and will be considered a member of the club’s Executive Committee, until such time as a President Emeritus may inform the Executive Committee

in writing that they are resigning the title of President Emeritus. Once this title has been resigned, it may not be reassumed, except by subsequent service as President of the Club.

(note: we are aware that section 7 is in need of dire re-write, but some members are not in favor of such, which has caused another debate)

Well, since you don't use RONR, I wonder why you care what RONR has to say.

But in case you do, the rules in RONR are quite clear and simple. Members vote. (No matter why or how they became members.)

[ki4nai]

please refer to topic PAST PRACTICE.

[Gary Novosielski]

please refer to topic PAST PRACTICE.

It would have nothing to do with that topic. Past practice (or "custom") is how you handle unwritten rules. This rule is not unwritten--in fact it is a bylaw. It says that past presidents are all to be considered "members" of the Executive committee.

Members have the right to vote, except as the bylaws may otherwise provide.

[Josh Martin]

The club does not follow RORH,

Do you follow another parliamentary authority, or no parliamentary authority? Either way, see How Your Organization Can Adopt Robert's Rules, but it is more urgent in the latter case.

thus how would the issue of the 2 non-elected positions be handled as far as voting on matters involving the Executive Committee.

Under the common parliamentary law, all members have the right to vote, regardless of how they obtained membership.

My take on this, is that the bylaws do not address this issue, thus they are non-voting members of the committee.

This is not correct. All members have the right to vote unless the Bylaws state otherwise.

However, they have been allowed to vote in the past, but we have no written document to support this right to vote.

Under the common parliamentary law, members have the right to vote.

I would strongly advise removing the President Emeriti from the board entirely, but until you amend your Bylaws to do that, you're stuck with them. Since the Bylaws do not suggest otherwise, the common parliamentary law is controlling and as members of the board, they have the right to vote.

please refer to topic PAST PRACTICE.

Nothing which is said in the topic "PAST PRACTICE" conflicts with the answers you have been given. That topic primarily dealt with a custom regarding an issue not covered by the organization's rules, the parliamentary authority, or the common parliamentary law. Your issue is covered by the common parliamentary law and by your Bylaws. The term "member" as defined in the parliamentary law includes the right to vote. Since your Bylaws do not modify this definition, it is controlling in this instance.