Guest Frustrated... Posted April 28, 2011 at 10:31 PM Report Share Posted April 28, 2011 at 10:31 PM Here is the situation:We are a club under probation with a deadline of less than 1 week now to become compliant or lose our charter. The club board meets only 2 times per year. We have met all compliance except for the president coming up with committees that the directors and officers can agree upon. The current president would like to see us lose our charter. Her actions have been in line of seeing us to that end. A few weeks ago was a board meeting which she presided until a break was called to reconvene at a later time. She elected not to rejoin the meeting and went to bed instead. She did nothing to help the other officers and directors work on the C&BL's and other duties necessary to become compliant. Subsequently, after the meetings adjourned and the president continued to fail to submit one final committee chair that we could agree on... Based on the following from our bylaws a motion via email was made by one director and 2nd by another and the president was given 24 hours to respond. "If an officer or director does not fulfill his/her duties or shows a lack of interest in matters of the MLRCA, he/she shall be asked to resign by the president. If he/she fails to do so, the executive board, by a majority vote, shall declare the office vacant." After no response a vote via email was taken with 9 votes for presidential removal and 1 vote against with 2 votes outstanding thus far. The concern has been brought forth asking "verification that motions and seconds that were called outside of an officially called meeting and via email are legal per RRO?"Thank you for any help you can provide us. Frustrated (and certainly no expert) Link to comment Share on other sites More sharing options...
hmtcastle Posted April 28, 2011 at 10:34 PM Report Share Posted April 28, 2011 at 10:34 PM The concern has been brought forth asking "verification that motions and seconds that were called outside of an officially called meeting and via email are legal per RRO?"They're not. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 28, 2011 at 10:35 PM Report Share Posted April 28, 2011 at 10:35 PM The concern has been brought forth asking "verification that motions and seconds that were called outside of an officially called meeting and via email are legal per RRO?" Link to comment Share on other sites More sharing options...
Guest Guest Posted April 28, 2011 at 10:41 PM Report Share Posted April 28, 2011 at 10:41 PM The concern has been brought forth asking "verification that motions and seconds that were called outside of an officially called meeting and via email are legal per RRO?"No.Votes via e-mail, or any other way, except at a properly called meeting at which a quorum was present are prohibited under RONR. Are there any rules in your bylaws that might allow them? If not, all such business is null and void. Link to comment Share on other sites More sharing options...
hmtcastle Posted April 28, 2011 at 10:43 PM Report Share Posted April 28, 2011 at 10:43 PM Please tell me, is there anything we can do to prevent this president from forcing us to lose our charter, which is her goal.If your bylaws permit special meetings, call a special meeting. Link to comment Share on other sites More sharing options...
Guest Guest Posted April 28, 2011 at 10:55 PM Report Share Posted April 28, 2011 at 10:55 PM If your bylaws permit special meetings, call a special meeting.There is no mention of special meetings. Only meetings twice a year per our C&BL's... obviously lacking!! Link to comment Share on other sites More sharing options...
Guest Guest Posted April 28, 2011 at 11:09 PM Report Share Posted April 28, 2011 at 11:09 PM If your bylaws permit special meetings, call a special meeting.Am I correct that this should cover us?? "Section 4: The Executive Board shall: have the power to transact all XXXXX business between meetings; shall approve all appointments made by the President; act upon charges brought before them; formulate rules; award the locations of the National Show; and decide on any questions of policy or anything not specifically covered in this Constitution and By Laws. The Secretary/Treasurer shall make a full report at the annual meeting of all matters handled by the Board during the year previous to the meeting. (Amended 11/1994) " Link to comment Share on other sites More sharing options...
hmtcastle Posted April 28, 2011 at 11:17 PM Report Share Posted April 28, 2011 at 11:17 PM Am I correct that this should cover us?? "Section 4: The Executive Board shall: have the power to transact all XXXXX business between meetings; . . . We can't properly interpret your bylaws here but I suspect that means that the executive board shall have the power to transact all business between meetings of the general membership.A board can only act as a board at a properly called meeting of the board. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 28, 2011 at 11:21 PM Report Share Posted April 28, 2011 at 11:21 PM Am I correct that this should cover us?? "Section 4: The Executive Board shall: have the power to transact all XXXXX business between meetings; shall approve all appointments made by the President; act upon charges brought before them; formulate rules; award the locations of the National Show; and decide on any questions of policy or anything not specifically covered in this Constitution and By Laws. The Secretary/Treasurer shall make a full report at the annual meeting of all matters handled by the Board during the year previous to the meeting. (Amended 11/1994) "Earlier you said the board only has two meetings a year. But, apparently it is the Membership that has two meetings a year, and the board is supposed to meet more frequently, at regular meetings of the board.But you need to read the bylaws in their entirety, and see how often the board is supposed to meet. Remember that board meetings and membership meetings are two entirely different things. Link to comment Share on other sites More sharing options...
Guest Guest Posted April 29, 2011 at 12:35 AM Report Share Posted April 29, 2011 at 12:35 AM Thank you! Link to comment Share on other sites More sharing options...
Guest Frustrateds friend Posted April 29, 2011 at 08:34 AM Report Share Posted April 29, 2011 at 08:34 AM Ok This board is strewed out through out the US in no way can they call a meeting and get everyone there. This is a small animal club. which as since it's inception used that phone as means to comunicate and get motions passed on the board for over 30 years and for at least 10 years on the internet. Therefore creating a precedence. does it still have to be written in the C& BL ? or does not a precedence count in that case our entire C& BL would be null and Void, Thank you for you answer Friend of frustrated Link to comment Share on other sites More sharing options...
hmtcastle Posted April 29, 2011 at 09:47 AM Report Share Posted April 29, 2011 at 09:47 AM This is a small animal club.How small? Mice and gerbils small? Or dogs and cats small?does not a precedence count in that case our entire C& BL would be null and VoidPrecedent (i.e. "custom") is not enough to authorize absentee voting (which violates a fundamental principle of parliamentary law).You might want to amend your bylaws (at a proper meeting of course) to either authorize absentee voting (and/or electronic meetings) or require that board members live within a certain proximity to your "headquarters". Or authorize certain individuals (e.g. the president) to act on their own. Link to comment Share on other sites More sharing options...
Rev Ed Posted April 29, 2011 at 03:39 PM Report Share Posted April 29, 2011 at 03:39 PM I do not understand the situation. How will the organization lose its charter? Either the organization exists or it does not. Link to comment Share on other sites More sharing options...
Guest frusstrateds friend Posted April 29, 2011 at 09:17 PM Report Share Posted April 29, 2011 at 09:17 PM How small? Mice and gerbils small? Or dogs and cats small?Precedent (i.e. "custom") is not enough to authorize absentee voting (which violates a fundamental principle of parliamentary law).You might want to amend your bylaws (at a proper meeting of course) to either authorize absentee voting (and/or electronic meetings) or require that board members live within a certain proximity to your "headquarters". Or authorize certain individuals (e.g. the president) to act on their own.it is a rabbit club affliated with the natioanal rabbit club as a national breed club as per our C&BL being that we have members from the entire US we have bben divided in to 9 disricts same as the parent clun with directors coming from every district. which is why getting them together is impossible more then a couple time a year as there is no real Headquarters of the club. Link to comment Share on other sites More sharing options...
Josh Martin Posted April 30, 2011 at 03:49 PM Report Share Posted April 30, 2011 at 03:49 PM Therefore creating a precedence.No, it's just a custom. A precedent is created by the ruling of a chair and any subsequent appeal. Something which has simply been followed as a matter of standard practice is a custom. Precedence is the ranking of motions or rules.does it still have to be written in the C& BL?Yes. or does not a precedence countNeither a custom nor a precedent is sufficient to authorize absentee voting. Link to comment Share on other sites More sharing options...
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