Guest David Posted January 7, 2012 at 05:42 AM Report Share Posted January 7, 2012 at 05:42 AM Does the bourd have the right to break the contitution? 1. no notice of a propose change to the contitution.2. one day notice of the use of proxies votes (email saturday for sunday voting).1. the conittution as no mention of proxies votes in it just one amendmemt for absentee voting on board members. 2 proxies were allow during the voting. First time ever used.2 there was a spoilt ballot twice during two votes. So it meaned to be uncast. it was unmarked both times. A blank ballot.The chair stated the vote failed as out of 19 votes 13 was needed to pass. I read it as 18 votes and 12 was needed to pass. Removing the blank ballot from the count lowers it I beieved.So what can be done to address this problems with the board? Seems they make up the rules as they go along.David Link to comment Share on other sites More sharing options...
Larry Cisar Posted January 7, 2012 at 11:36 AM Report Share Posted January 7, 2012 at 11:36 AM First, find a parliamentarian in your area to go over your bylaws with you. Contact either NAP or AIP or both to find one in your area. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 7, 2012 at 11:44 AM Report Share Posted January 7, 2012 at 11:44 AM First, find a parliamentarian in your area to go over your bylaws with you. Contact either NAP or AIP or both to find one in your area.And second? Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 7, 2012 at 12:11 PM Report Share Posted January 7, 2012 at 12:11 PM And second?Find a better spell-checker. Link to comment Share on other sites More sharing options...
Trina Posted January 7, 2012 at 02:53 PM Report Share Posted January 7, 2012 at 02:53 PM Does the bourd have the right to break the contitution?Well, of course not. But you probably knew that.1. no notice of a propose change to the contitution.2. one day notice of the use of proxies votes (email saturday for sunday voting).1. the conittution as no mention of proxies votes in it just one amendmemt for absentee voting on board members. 2 proxies were allow during the voting. First time ever used.If notice requirements were not followed in amending the constitution, the amendment (if adopted) is null and void. If proxies are not authorized in the bylaws/constitution, they cannot be used.2 there was a spoilt ballot twice during two votes. So it meaned to be uncast. it was unmarked both times. A blank ballot.The chair stated the vote failed as out of 19 votes 13 was needed to pass. I read it as 18 votes and 12 was needed to pass. Removing the blank ballot from the count lowers it I beieved.A blank ballot is to be treated as an abstention -- so, you're right, it shouldn't have been counted. However, after the fact, it is more important to focus on the effect of the proxy votes that were improperly admitted. What was the outcome of the vote, as counted and announced? I don't think you ever said whether the motion (or motions?) was adopted or not. If the counting of the improper proxy votes could have affected the outcome, that would render the vote null and void.So what can be done to address this problems with the board? Seems they make up the rules as they go along.DavidA board has only the powers granted to it by the bylaws. The general membership is the superior body. As for specifics, I think it would help if we had a better understanding of what actually happened, before suggesting what should be done next.edited to add:I just noticed your other thread on this topic, with the information that the motion was not adopted. In that case, I concur with the posters in the other thread -- the motion can simply be made again at a subsequent meeting. Had the motion been adopted, a point of order could have been raised after the fact that that action was null and void (because of the proxy votes allowed). See RONR (11th ed.) p. 251 and p. 263 for more information. In the current situation, I think it's still proper to raise a point of order about the improper use of proxy votes -- however, even if the point of order is ruled well taken, that wouldn't mean the announced outcome on the motion would be changed after the fact (the motion would remain unadopted). Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 7, 2012 at 03:02 PM Report Share Posted January 7, 2012 at 03:02 PM Does the bourd have the right to break the contitution? RONR doesn't give the board this authority. So what can be done to address this problems with the board? Seems they make up the rules as they go along.The assembly of the general membership can reprimand the board for its action, if it finds it desirable to do so. Link to comment Share on other sites More sharing options...
Guest David Posted January 7, 2012 at 07:52 PM Report Share Posted January 7, 2012 at 07:52 PM The damage as been done we have lost all the non members and thre members handed in their membership over this Twice a year we have a meeting. So now our numbers are 16 members now with four on the board and 4 wifes on one side. and the other 8. I hoping a meeting with the chair can work this problem out and correct the mistake. We got a nice building and hardly anyone in it on sundays now. At the last meeting the minutes of an early meeting were readed in only 18 months old. There s about 5 meeting of minutes needing reading.This motion was for allowing non members a vote oh the direction to take the church on a church progam that was passed by the members, Link to comment Share on other sites More sharing options...
Josh Martin Posted January 10, 2012 at 01:10 AM Report Share Posted January 10, 2012 at 01:10 AM Does the bourd have the right to break the contitution? No.So what can be done to address this problems with the board?See FAQ #20.This motion was for allowing non members a vote oh the direction to take the church on a church progam that was passed by the members,Such a motion is out of order and is null and void if adopted. As for the vote in which the non-members voted, that motion is null and void if the non-members' votes could have affected the result. Link to comment Share on other sites More sharing options...
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