Guest Richard Posted October 22, 2011 at 01:58 AM Report Share Posted October 22, 2011 at 01:58 AM I'm a member of a Town Council, 7 members of Council and a Mayor with tie-breaking powers.From time to time the Town Manager/Town Clerk will conduct a phone (or email) poll when time sensitive matters arise between regular Council meetings, held monthly. The poll question is then added to the agenda for the next regular meeting to be Ratified by the Council in open session.I've recently heard (un-verified) that phone/email polls can NOT be done and I see nothing mentioned in RONR 11th Edition.Anyone have any ideas/advice on this?Thanks for your help!Richard++++++ Link to comment Share on other sites More sharing options...
jstackpo Posted October 22, 2011 at 02:07 AM Report Share Posted October 22, 2011 at 02:07 AM Well, RONR sez you can't do official business by phone, unless your bylaws authorize it. But since you are ratifying "decisions" at real meetings, you are probably in the clear. Link to comment Share on other sites More sharing options...
Tim Wynn Posted October 22, 2011 at 10:44 AM Report Share Posted October 22, 2011 at 10:44 AM I'm a member of a Town Council, 7 members of Council and a Mayor with tie-breaking powers.From time to time the Town Manager/Town Clerk will conduct a phone (or email) poll when time sensitive matters arise between regular Council meetings, held monthly. The poll question is then added to the agenda for the next regular meeting to be Ratified by the Council in open session.I've recently heard (un-verified) that phone/email polls can NOT be done and I see nothing mentioned in RONR 11th Edition.Anyone have any ideas/advice on this?Thanks for your help!Richard++++++Since most states have sunshine laws governing such matters, an attorney should be consulted to determine the legal restraints placed on the council, in regards to making decisions privately. Link to comment Share on other sites More sharing options...
Guest Richard Posted October 22, 2011 at 02:24 PM Report Share Posted October 22, 2011 at 02:24 PM Thank you JDStackpole, don't suppose you (or someone) can point me to the section of RONR 11th Edition that covers this topic?Thank you Tim, this question will come up during our next Council Meeting and our attorney will be asked to advise.As a note, Town Staff can take action resulting from the phone/email poll prior to ratification in open session. Ratification can become a proceedural process that serves only to advise the public of what's already been done with approval by the Council, or a majority thereof.Thank you JDStackpole and Tim!++++++++++++++++++++++++++ Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted October 22, 2011 at 02:45 PM Report Share Posted October 22, 2011 at 02:45 PM Of course he can. In either or both of two books, though he claims to be getting tired. Link to comment Share on other sites More sharing options...
Chris Harrison Posted October 22, 2011 at 02:50 PM Report Share Posted October 22, 2011 at 02:50 PM Thank you JDStackpole, don't suppose you (or someone) can point me to the section of RONR 11th Edition that covers this topic?RONR pp. 423-424. Link to comment Share on other sites More sharing options...
Guest Richard Posted October 22, 2011 at 03:33 PM Report Share Posted October 22, 2011 at 03:33 PM With apology, I meant to say (write) RONR 10th Edition. This is the copy I currently have.A Vote By Mail - RONR 10th Edition pp. 409-411+Thank you Chris!+++++++++++++ Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 23, 2011 at 02:40 AM Report Share Posted October 23, 2011 at 02:40 AM I'm a member of a Town Council, 7 members of Council and a Mayor with tie-breaking powers.From time to time the Town Manager/Town Clerk will conduct a phone (or email) poll when time sensitive matters arise between regular Council meetings, held monthly. The poll question is then added to the agenda for the next regular meeting to be Ratified by the Council in open session.I've recently heard (un-verified) that phone/email polls can NOT be done and I see nothing mentioned in RONR 11th Edition.Anyone have any ideas/advice on this?Thanks for your help!Richard++++++See RONR (11th ed.), p. 486, l. 33 to p. 487, l. 12.The rules stated there are made particularly in reference to boards, but (except for the rule that every member must be notified of every meeting) are applicable equally to other assemblies. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 23, 2011 at 09:02 PM Report Share Posted October 23, 2011 at 09:02 PM The correct way to deal with matters that "can't wait" for the next regular meeting is to call a Special Meeting (some states provide for several types, with different rules for each).If the council finds itself called to an inconvenient number of these each month, it should review the job description of the Town Manager to ascertain why competent prior planning is not already included among the duties of the position. Link to comment Share on other sites More sharing options...
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