Executive Decision

[Diamond]

How does a President have the right to make an executive decision with it had already been voted on and approved by the majority of the members. And changes what we have voted on. Does she have the right to do this. According to our bylaws it has to be voted on to change what has been voted on. This was not an emergency case..

[Chris Harrison]

Does she have the right to do this.

Nothing in RONR gives her that authority.

[Diamond]

Nothing in RONR gives her that authority.

Thank you just wanted to make sure...

[Gary c Tesser]

I know someone who says he's making "an executive decision" when he doesn't want to pay a bill.

[Chris Harrison]

I know someone who says he's making "an executive decision" when he doesn't want to pay a bill.

...And when the leg-breakers come looking for their money the Treasurer should point them and their baseball bat to the guy.

[Diamond]

So the vote stands as taken.. Right.

[Gerry4000]

I suppose that if an organization voted to have an official take or not take an action that violated a law, government regulation, or some other "higher authority", it might be proper for that official to take or not take the action voted on. It does not sound like that is the situation here, however.

[Diamond]

We voted to move the location of our meetings because it would cost less money and that we would be able to smoke in the meeting room. We did change the location and at the second meeting the President said she was making an executive decision that we could not smoke in there... I thought an executive decision was only used in an emergency situation..

[jstackpo]

Emergency or not, an "Executive Decision" can only be enforced if the decider is given the proper authority to do so.

The president, or any other member at her request (or on his own), is free to move a "No Smoking" standing rule for your new meeting location. Majority decision.

[Diamond]

Thank you....

[David A Foulkes]

We voted to move the location of our meetings because it would cost less money and that we would be able to smoke in the meeting room. We did change the location and at the second meeting the President said she was making an executive decision that we could not smoke in there... I thought an executive decision was only used in an emergency situation..

I'd be willing to wager a small amount that when you voted to change your meeting location, you did not also vote to smoke there. Oh sure, it quite likely was one of the "selling points" that was brought up during debate to persuade members to vote in favor of it, along with better parking, closer to town, cheaper rental fee, and so on. But the question was quite probably "should we hold our meetings in XYZ location?" and not "should we hold our meetings in XYZ location and smoke there?"

If the owners (and/or local law) don't prohibit smoking there, then I'd suspect a standing rule would need to be adopted to prohibit smoking during your meetings. I don't see that the president has the authority to make such a ruling on her own. But I also would think she is not changing anything that you actually voted on.

You might also ask her to provide the documentation that supports her making an "Executive Decision" in the first place. She may have it, but I'd want to see it for myself. Until then, light 'em if ya got 'em.

[Diamond]

The vote was on moving and smoking. The establishment does allow smoking in there place. Was it a separate vote no it was all rolled into one and the smoking was a major point in this vote... Also cheaper yes, more parking no, location questionable. Personally I don't care if they smoke or not this is a partying and drinking organization.. Just don't like the fact that our vote is disregarded like it never happen.... Thank you

[David A Foulkes]

The vote was on moving and smoking. The establishment does allow smoking in there place. Was it a separate vote no it was all rolled into one and the smoking was a major point in this vote... Also cheaper yes, more parking no, location questionable. Personally I don't care if they smoke or not this is a partying and drinking organization.. Just don't like the fact that our vote is disregarded like it never happen.... Thank you

And this is why I stay away from the casinos. Post #'s 2 and 9 are your best bet.

[Diamond]

I you just wanted to know my gut still tells me when things are right.... Thank you for your reply's...

[Diamond]

I you just wanted to know my gut still tells me when things are right.... Thank you for your reply's...

[Shmuel Gerber]

[...]

If the owners (and/or local law) don't prohibit smoking there, then I'd suspect a standing rule would need to be adopted to prohibit smoking during your meetings. I don't see that the president has the authority to make such a ruling on her own. But I also would think she is not changing anything that you actually voted on.

You might also ask her to provide the documentation that supports her making an "Executive Decision" in the first place. She may have it, but I'd want to see it for myself. Until then, light 'em if ya got 'em.

I think the rule on page 382 that "During debate, during remarks by the presiding officer to the assembly, and during voting, no member should be permitted to disturb the assembly by whispering, walking across the floor, or in any other way." might be enough for the presiding officer to rule out smoking during meetings.

Personally, I would certainly support such a ruling, although I probably wouldn't belong to a "partying and drinking organization" anyway :-)

[David A Foulkes]

I think the rule on page 382 that "During debate, during remarks by the presiding officer to the assembly, and during voting, no member should be permitted to disturb the assembly by whispering, walking across the floor, or in any other way." might be enough for the presiding officer to rule out smoking during meetings.

Personally, I would certainly support such a ruling, although I probably wouldn't belong to a "partying and drinking organization" anyway :-)

I suspect (but won't wager) such a ruling would be Appealed and overturned, since there is ostensibly a majority of smokers in this organization.

[Gary Novosielski]

I you just wanted to know my gut still tells me when things are right.... Thank you for your reply's...

Fine, but your gut is liable to be less persuasive in a parliamentary context than, say, your bylaws or your parliamentary authority.

[Gary Novosielski]

I probably wouldn't belong to a "partying and drinking organization" anyway :-)

I find that much of my drinking is thoroughly disorganized.

[Josh Martin]

I suppose that if an organization voted to have an official take or not take an action that violated a law, government regulation, or some other "higher authority", it might be proper for that official to take or not take the action voted on. It does not sound like that is the situation here, however.

Well, it wouldn't make the official's course of action any more proper from a parliamentary standpoint, but I suppose getting into trouble with the organization is probably better than getting into trouble with the law.

I think the rule on page 382 that "During debate, during remarks by the presiding officer to the assembly, and during voting, no member should be permitted to disturb the assembly by whispering, walking across the floor, or in any other way." might be enough for the presiding officer to rule out smoking during meetings.

Personally, I would certainly support such a ruling, although I probably wouldn't belong to a "partying and drinking organization" anyway :-)

I think it would be better for the smoke to be handled as a Question of Privilege if it became an issue, and a wise chair would submit such a question to the assembly (unless there was some past rule or custom to refer to).