Guest Tim Posted April 23, 2012 at 07:20 PM Report Share Posted April 23, 2012 at 07:20 PM Our by laws spefically sttae that no voting will taken place unless there is a quorum ( the by laws define this explicityly). if the chair person does not state that ther is not a quorum can a vote take place with the memebers that show up? Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 23, 2012 at 07:29 PM Report Share Posted April 23, 2012 at 07:29 PM The chair has a duty to ascertain the presence of a quorum before calling the meeting to order. If there is a quorum, he doesn't anounce it and the meeting proceeds. If there isn't a quorum, he does announce it. He then entertains a motion to adjourn, or any of the (very few) other motions (that would require voting) that are allowed in the absence of a quorum, according to RONR. (RONR 11th ed., p. 348 l. 34 - p. 349 l. 5) Of course your bylaws state no voting can take place without a quorum present, so that kind of puts the kibosh on that idea, eh?Was there even a quorum at the beginning of the meeting? Can you (or anyone) provide "clear and convincing proof" that there wasn't a quorum at some point? With a few exceptions (RONR 11th ed., p. 347 ll. 30-32), any business transacted in the absence of a quorum is null and void (RONR 11th ed., p. 347 ll. 22-24), but I'm wondering how you know there wasn't? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 25, 2012 at 11:54 PM Report Share Posted April 25, 2012 at 11:54 PM Our by laws spefically sttae that no voting will taken place unless there is a quorum ( the by laws define this explicityly). if the chair person does not state that ther is not a quorum can a vote take place with the memebers that show up?No. There has to actually be a quorum present. Link to comment Share on other sites More sharing options...
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