President's Rights

[Swimmom]

If an executive board is at a standstill regarding a decision, does the President have the right to make the decision for the board regardless of whether there was a majority vote in favor or against a motion?

[Rob Elsman]

If an executive board is at a standstill regarding a decision, does the President have the right to make the decision for the board regardless of whether there was a majority vote in favor or against a motion?

No. But, if the proper parliamentary procedures are being followed, there should be no reason for the board to be "...at a standstill..." (deadlock?).

[Tim Wynn]

If an executive board is at a standstill regarding a decision, does the President have the right to make the decision for the board regardless of whether there was a majority vote in favor or against a motion?

If there wasn't a majority in favor of a motion, that motion wasn't adopted. Where is the confusion?

Are you referring to a vote that results in a tie? The motion is lost if the vote is a tie, since it is not a majority. A majority in favor is required to adopt a motion, anything less causes the motion to be lost.

[Guest Edgar]

Are you referring to a vote that results in a tie? The motion is lost if the vote is a tie, since it is not a majority. A majority in favor is required to adopt a motion, anything less causes the motion to be lost.

Though it's natural to think of the board as being at a standstill if, for example, five members want to meet at an Italian restaurant next month and five members want to meet at a Chinese restaurant. And they have to meet somewhere.

[David A Foulkes]

Though it's natural to think of the board as being at a standstill if, for example, five members want to meet at an Italian restaurant next month and five members want to meet at a Chinese restaurant. And they have to meet somewhere.

Assuming they have been meeting somewhere up until now, until a majority adopts a motion to meet somewhere else, they should continue to meet where they always have been meeting.

[David A Foulkes]

If an executive board is at a standstill regarding a decision, does the President have the right to make the decision for the board regardless of whether there was a majority vote in favor or against a motion?

Also, just to clear up this one point: you don't need a majority against a motion to defeat it. A tie works just as well in that regard.

By the way, what was this decision the Board "deadlocked" on?

[Gary Novosielski]

If an executive board is at a standstill regarding a decision, does the President have the right to make the decision for the board regardless of whether there was a majority vote in favor or against a motion?

Nope. Nothing in RONR would give him that power. The only "rights" a president has are those of any other member, presuming he is a member.

[Swimmom]

I need to clarify......a motion was made and seconded with discussion regarding an employee's salary. The board approved the salary. The employee came back with a counter offer. A motion was made to accept the employee's counter offer. None of the board members are seconding the motion. What happens next?

[Gary Novosielski]

I need to clarify......a motion was made and seconded with discussion regarding an employee's salary. The board approved the salary. The employee came back with a counter offer. A motion was made to accept the employee's counter offer. None of the board members are seconding the motion. What happens next?

In small boards, seconds are not required, according to RONR. If your rules are different, and require a second, then the motion fails for lack of a second.

But if not, then the chair states the question, and the board considers it. Ultimately, it either adopts the motion or it does not. There is nothing here that appears to be particularly unusual, and certainly not deadlocked. In fact, by not seconding it, it looks like the board is nearly unanimous in its disapproval of the motion, but that's for it to decide.

If the motion fails, the employee's counter offer is rejected, and what happens next is up to the employee.

[Swimmom]

Thank you....that was my feeling; just needed confirmation.

[David A Foulkes]

None of the board members are seconding the motion.

Swimmom -- something in this wording leads me to think this "meeting" is taking place electronically, perhaps via an ongoing email exchange?

That aside, I wonder if entertaining the employee's counter-offer constitutes the improper consideration of substantially the same question (what to pay the employee) at the same "meeting", unless the change in the amount of the salary as proposed by the employee causes the motion to be different enough as to become a new motion?

[Guest Question Asker]

Question: If the President of an orgaization resigns, (and we follow Robert's Rule) is it up to the President to name the next President or should a special election be held to replace the resigning President and complete the remaining term of the resigning President? Or, should the vice President be appointed and then the Vice President's position filled to complete the term of the VP that is replacing the resigning President?

Thanks

[Trina]

Question: If the President of an orgaization resigns, (and we follow Robert's Rule) is it up to the President to name the next President or should a special election be held to replace the resigning President and complete the remaining term of the resigning President? Or, should the vice President be appointed and then the Vice President's position filled to complete the term of the VP that is replacing the resigning President?

Thanks

This is quite a different question (although it fits unde the general title of 'president's rights' perhaps). Please start a new thread with your new question -- it'll be much easier to keep track of responses.