Guest moe Posted June 4, 2011 at 02:17 AM Report Share Posted June 4, 2011 at 02:17 AM In a Board of Education meeting that is governed by Roberts Rules, when does the vote that is called for become official and if the president never declares the vote as passed or defeated is it legal and binding?Example: Item is discussed and after discussion the president calls for the vote. The treasurer calls the members names and tallys their vote. Once she is through the president moves on to the next order of business. Is this a valid procedure? Thanks for your help. Link to comment Share on other sites More sharing options...
Larry Cisar Posted June 4, 2011 at 02:21 AM Report Share Posted June 4, 2011 at 02:21 AM In a Board of Education meeting that is governed by Roberts Rules, when does the vote that is called for become official and if the president never declares the vote as passed or defeated is it legal and binding?Example: Item is discussed and after discussion the president calls for the vote. The treasurer calls the members names and tallys their vote. Once she is through the president moves on to the next order of business. Is this a valid procedure? Thanks for your help.The chair should be declaring the results. So the procedure being followed is not as good as it should be. That does not invalidate the results of the vote. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 4, 2011 at 01:28 PM Report Share Posted June 4, 2011 at 01:28 PM In a Board of Education meeting that is governed by Roberts Rules, when does the vote that is called for become official and if the president never declares the vote as passed or defeated is it legal and binding?Example: Item is discussed and after discussion the president calls for the vote. The treasurer calls the members names and tallys their vote. Once she is through the president moves on to the next order of business. Is this a valid procedure? Thanks for your help.Does anyone raise a point of order at any of the times that this occurs? Link to comment Share on other sites More sharing options...
Josh Martin Posted June 5, 2011 at 02:24 PM Report Share Posted June 5, 2011 at 02:24 PM In a Board of Education meeting that is governed by Roberts Rules, when does the vote that is called for become officialImmediately when the presiding officer declares the result of the vote.and if the president never declares the vote as passed or defeated is it legal and binding?No.Is this a valid procedure? No. The presiding officer must announce the result of the vote in order for the vote to be valid.The chair should be declaring the results. So the procedure being followed is not as good as it should be. That does not invalidate the results of the vote.I'm not sure I agree. If an incorrect declaration is valid, then it would seem the lack of a declaration is a bit more than just sloppy procedure. Link to comment Share on other sites More sharing options...
tctheatc Posted June 5, 2011 at 04:39 PM Report Share Posted June 5, 2011 at 04:39 PM I'm not sure I agree. If an incorrect declaration is valid, then it would seem the lack of a declaration is a bit more than just sloppy procedure. I was wondering the same thing, Josh. I've seen this discussed several times on this board (that it's not final until declared, and the next item of business introduced). So are we in a perpetual state of limbo?? Link to comment Share on other sites More sharing options...
Dan Honemann Posted June 5, 2011 at 04:48 PM Report Share Posted June 5, 2011 at 04:48 PM It seems to me that this is a situation where detailed facts are essential. I very much doubt that the members of the board all went home wondering whether or not the motion had been adopted. Link to comment Share on other sites More sharing options...
flipper92 Posted January 13, 2012 at 06:30 AM Report Share Posted January 13, 2012 at 06:30 AM Along the lines of this topic, I understand that to be official, a vote result must be presented at a meeting by the presiding officer. I would guess that simply emailing the members the results is not sufficient. Here is my question: what if another party acts upon those "unofficial" results? Details: we are a union, voting on a new contract. The contract passed but there was no meeting. The president simply told the employer that we had agreed to the contract. The employer board of directors then met and unanimously adopted the contract. What happens now? Link to comment Share on other sites More sharing options...
Gary c Tesser Posted January 13, 2012 at 08:24 AM Report Share Posted January 13, 2012 at 08:24 AM flipper, how on Earth did the contract pass without a meeting?? (Did it pass like a kidney stone?) I think there's where your trouble begins. Link to comment Share on other sites More sharing options...
alanh49 Posted January 14, 2012 at 12:55 AM Report Share Posted January 14, 2012 at 12:55 AM flipper, how on Earth did the contract pass without a meeting?? (Did it pass like a kidney stone?) I think there's where your trouble begins.Maybe the union bylaws provide for voting by mail and that's how they voted.Also, were in RONR does it say that a vote taken by mail must be announced at a meeting ? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 17, 2012 at 04:28 AM Report Share Posted January 17, 2012 at 04:28 AM Also, were in RONR does it say that a vote taken by mail must be announced at a meeting ?RONR, 11th ed., pgs. 417-418 (and the lack of an exception to this rule in the section on mail votes). If it is desired that the announcement of the result may also be done outside of a meeting, this must be specifically provided for. The effect of such a provision would be to deprive the members of the ability to raise a Point of Order, order a recount, etc. regarding the election, so this is generally unwise unless the membership meets so infrequently that such procedures are impractical anyway. Link to comment Share on other sites More sharing options...
alanh49 Posted January 17, 2012 at 05:18 AM Report Share Posted January 17, 2012 at 05:18 AM RONR, 11th ed., pgs. 417-418 (and the lack of an exception to this rule in the section on mail votes). If it is desired that the announcement of the result may also be done outside of a meeting, this must be specifically provided for. The effect of such a provision would be to deprive the members of the ability to raise a Point of Order, order a recount, etc. regarding the election, so this is generally unwise unless the membership meets so infrequently that such procedures are impractical anyway.I can't find it. Which page and lines? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 17, 2012 at 05:22 AM Report Share Posted January 17, 2012 at 05:22 AM I can't find it. Which page and lines?See RONR, 11th ed., pg. 417, line 18 - pg. 418, line 25. There is nothing in the description of a mail vote (RONR, 11th ed., pgs. 424-425) which suggests an exception to this rule. Link to comment Share on other sites More sharing options...
alanh49 Posted January 17, 2012 at 05:38 AM Report Share Posted January 17, 2012 at 05:38 AM See RONR, 11th ed., pg. 417, line 18 - pg. 418, line 25. There is nothing in the description of a mail vote (RONR, 11th ed., pgs. 424-425) which suggests an exception to this rule.No, I'm looking for the line that says:"If it is desired that the announcement of the result may also be done outside of a meeting, this must be specifically provided for." Link to comment Share on other sites More sharing options...
Josh Martin Posted January 17, 2012 at 05:46 AM Report Share Posted January 17, 2012 at 05:46 AM No, I'm looking for the line that says:"If it is desired that the announcement of the result may also be done outside of a meeting, this must be specifically provided for."That's my own interpretation, based on the facts provided. Link to comment Share on other sites More sharing options...
alanh49 Posted January 17, 2012 at 06:10 AM Report Share Posted January 17, 2012 at 06:10 AM That's my own interpretation, based on the facts provided.OK, I disagree with your interpretation but thanks Link to comment Share on other sites More sharing options...
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