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Ex Officio Rights


Guest Thomas Wolfrum

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Guest Thomas Wolfrum

Association by-law place ex officio members on the Association's Board of Directors. The same by-laws prohibit ex officio members from voting (on motions that come before the Board of Directors). By-laws do not otherwise restrict rights of ex officio members. Query: May ex-officio members in this Association make and second motions? Is the exclusion of 1 right (vote) not an exclusion of other rights (make, second motions) because by-laws could have excluded other rights but did not or is elimination of 1 right (vote) sufficient to infer all other rights are eliminated also? For the Latin scholars is this inclusio unius est exclusio alterius (taking away one right leaves all other rights) or expressio unius est exclusio alterius (taking away one right takes away all rights)? Thank you.

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For the Latin scholars is this inclusio unius est exclusio alterius (taking away one right leaves all other rights) or expressio unius est exclusio alterius (taking away one right takes away all rights)?

If only Mr. Elsman was here to appreciate this.

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Q1: Please excuse my ignorance and share with me Mr. Elsman's connection?

Q2: If RONR does not say, then is the procedure for the governing body fo the Association vote whether taking away one rights leaves all other rights or taking away one right takes away all rights with majority of quorum deciding? Thanks to all who reply.

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May ex-officio members in this Association make and second motions?

What you're really asking is whether non-voting members can make motions. It's a question that appears with some frequency on this forum (click here for its most recent incarnation) and you have already identified the two schools of thought.

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