Guest Dave Posted June 29, 2011 at 08:15 PM Report Share Posted June 29, 2011 at 08:15 PM Can a chairman nullify 2 motions based on his interpretation of our bylaws? He claims that an ex-officio member can not make motions. Our bylaws state: "The elected boards through their chairmen shall present recommendations for action by the Church Council. Such recommendations must be approved by a majority of vote of the Church Council present." It does not state that ONLY board chairmen can make motions or that ex-officio members can not make motions. During the meeting he allowed the motions to be made. They were seconded and passed. Several days later he announced his decision to nullify them.Thanks Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 29, 2011 at 08:24 PM Report Share Posted June 29, 2011 at 08:24 PM Can a chairman nullify 2 motions based on his interpretation of our bylaws? He claims that an ex-officio member can not make motions. Our bylaws state: "The elected boards through their chairmen shall present recommendations for action by the Church Council. Such recommendations must be approved by a majority of vote of the Church Council present." It does not state that ONLY board chairmen can make motions or that ex-officio members can not make motions. During the meeting he allowed the motions to be made. They were seconded and passed. Several days later he announced his decision to nullify them.ThanksNothing in RONR permits him to nullify motions between meetings (and you should ask for some citation that says he can). If he wants to rule something null and void at a meeting he can do so and that ruling can be Appealed (RONR pp. 247-252). Nothing in RONR (and nothing I saw in the snippet of the bylaws you gave here) supports his position that an ex officio member cannot make motions and I would point you and him to RONR pp. 466-467 for language that argues against his position. Also, it really doesn't matter who makes a motion because all a motion is is a proposal that some action be taken and it takes the body itself to adopt such a motion. Link to comment Share on other sites More sharing options...
George Mervosh Posted June 29, 2011 at 08:27 PM Report Share Posted June 29, 2011 at 08:27 PM Nothing in RONR permits him to nullify motions between meetings (and you should ask for some citation that says he can). If he wants to rule something null and void at a meeting he can do so and that ruling can be Appealed (RONR pp. 247-252). Nothing in RONR (and nothing I saw in the snippet of the bylaws you gave here) supports his position that an ex officio member cannot make motions and I would point you and him to RONR pp. 466-467 for language that argues against his position. Also, it really doesn't matter who makes a motion because all a motion is is a proposal that some action be taken and it takes the body itself to adopt such a motion.I think Chris agrees it's too late now to rule it null and void even in a meeting. Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 29, 2011 at 08:30 PM Report Share Posted June 29, 2011 at 08:30 PM I think Chris agrees it's too late now to rule it null and void even in a meeting.I do agree though I could see a savvy Chair who knows just enough about RONR to get himself into trouble trying to bring up p. 244(a) or (d). Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 29, 2011 at 08:42 PM Report Share Posted June 29, 2011 at 08:42 PM Can a chairman nullify 2 motions based on his interpretation of our bylaws? He claims that an ex-officio member can not make motions. Our bylaws state: "The elected boards through their chairmen shall present recommendations for action by the Church Council. Such recommendations must be approved by a majority of vote of the Church Council present." It does not state that ONLY board chairmen can make motions or that ex-officio members can not make motions. During the meeting he allowed the motions to be made. They were seconded and passed. Several days later he announced his decision to nullify them.No, he has no right to do this, and certainly not outside of the context of a meeting. The motion was passed, and no timely point of order regarding the mover was made at the time, so the motion stands adopted. Besides, according RONR, ex-officio members have full rights anyway, so even his reasoning is wrong.If he tries to rule this motion null and void at the next meeting, be prepared to Appeal. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 30, 2011 at 05:28 AM Report Share Posted June 30, 2011 at 05:28 AM No, he has no right to do this, and certainly not outside of the context of a meeting. The motion was passed, and no timely point of order regarding the mover was made at the time, so the motion stands adopted. Besides, according RONR, ex-officio members have full rights anyway, so even his reasoning is wrong.If he tries to rule this motion null and void at the next meeting, be prepared to Appeal.tc, you see where crocodiles come in? Link to comment Share on other sites More sharing options...
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