Mike Arnold Posted September 16, 2012 at 01:39 PM Report Share Posted September 16, 2012 at 01:39 PM At our last board meeting the board passed, what has become, a controversial decision. There is a movement among the membership to rescind the board decision at our upcoming membership meeting.It seems that rescind is not the right term (given that no person outside the board voted on the motion). What is the right terminology and process that should be used by the membership to overturn the decision of the board?I don't think the voting requirements to override the board are specified in our bylaws, does RONR have any burden beyond the majority?This member movement seems to want to make a motion that before decisions of this class are made by the board, that such decisions must go before the membership for comment. Any RONR thoughts on that?I would hate for this effort to fail because of their procedure. It is important that the issue be duly considered.thanks,a Student Parliamentarian. Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 16, 2012 at 01:47 PM Report Share Posted September 16, 2012 at 01:47 PM What is the right terminology and process that should be used by the membership to overturn the decision of the board?See Official Interpretation 2006-13. Link to comment Share on other sites More sharing options...
Chris Harrison Posted September 16, 2012 at 01:48 PM Report Share Posted September 16, 2012 at 01:48 PM Assuming the motion the Board adopted hasn't been fully executed the Membership can Rescind the motion (or the parts that haven't been fully executed yet). See Official Interpretation 2006-13. Link to comment Share on other sites More sharing options...
g40 Posted September 16, 2012 at 06:45 PM Report Share Posted September 16, 2012 at 06:45 PM Assuming the motion the Board adopted hasn't been fully executed the Membership can Rescind the motion (or the parts that haven't been fully executed yet). See Official Interpretation 2006-13.I do not agree. The key to this question is the content of the Bylaws (and other governing documents) of this organization. If, for example, the Bylaws (and other governing documents) give authority only to the Board (and not the general membership) for this category or specific action that is at issue, then the general membership has no right to do anything. Link to comment Share on other sites More sharing options...
Guest Edgar Posted September 16, 2012 at 06:53 PM Report Share Posted September 16, 2012 at 06:53 PM The key to this question is the content of the Bylaws (and other governing documents) of this organization.Well, that's pretty much the key to any question, isn't it. All we can do here is give the answer as if RONR were the determining rules. Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 16, 2012 at 06:54 PM Report Share Posted September 16, 2012 at 06:54 PM I do not agree. The key to this question is the content of the Bylaws (and other governing documents) of this organization. If, for example, the Bylaws (and other governing documents) give authority only to the Board (and not the general membership) for this category or specific action that is at issue, then the general membership has no right to do anything.The key to EVERY question is the content of the bylaws and higher governing documents. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 16, 2012 at 07:45 PM Report Share Posted September 16, 2012 at 07:45 PM I do not agree. The key to this question is the content of the Bylaws (and other governing documents) of this organization. If, for example, the Bylaws (and other governing documents) give authority only to the Board (and not the general membership) for this category or specific action that is at issue, then the general membership has no right to do anything.Which is pretty much what the Official Interpretation says. I assume you don't disagree with that. Link to comment Share on other sites More sharing options...
Mike Arnold Posted September 19, 2012 at 02:32 AM Author Report Share Posted September 19, 2012 at 02:32 AM For part one of this motion (to rescind the board action), even though it has been implemented, it is reversible and it seems 'rescind' is the right term. The second part of the motion (or a separate motion ... "I further move") to require the board to modify its procedures with decisions of this class, seems to be a bylaw change and our bylaws specify a series of date requirements that have not been met. (does this seem right?)The more interesting question seems to be about the rights of the membership, I've found little explicitly stated in the bylaws: the members can amend the bylaws, elect a board, call a meeting, nominate directors from the floor, may "vote on any matter for which members have votes", and are entitled to vote by proxy. Perhaps some authority is implied (but it doesn't seem likely) by "...shall constitute a quorum at a meeting of members for the transaction of any business, provided that a specified item of business is required to be voted on by a class of members..." I do not see anything more specific about what items of business that might be.On the other hand, the bylaws state that the board determines who can be members, what the dues might be, "...exercise all of the powers of the Society...", "...review and may approve proposals submitted by committees or members ...", among a number of other things.Could this be right? If so, I don't think this is generally understood.thanks,a Student Parliamentarian.P.S. I have obtained the Certificate of Incorporation and what is thought to be the applicable State statutes relating to our organization. Link to comment Share on other sites More sharing options...
Dan Honemann Posted September 19, 2012 at 11:53 AM Report Share Posted September 19, 2012 at 11:53 AM For part one of this motion (to rescind the board action), even though it has been implemented, it is reversible and it seems 'rescind' is the right term.The second part of the motion (or a separate motion ... "I further move") to require the board to modify its procedures with decisions of this class, seems to be a bylaw change and our bylaws specify a series of date requirements that have not been met. (does this seem right?)The more interesting question seems to be about the rights of the membership, I've found little explicitly stated in the bylaws: the members can amend the bylaws, elect a board, call a meeting, nominate directors from the floor, may "vote on any matter for which members have votes", and are entitled to vote by proxy. Perhaps some authority is implied (but it doesn't seem likely) by "...shall constitute a quorum at a meeting of members for the transaction of any business, provided that a specified item of business is required to be voted on by a class of members..." I do not see anything more specific about what items of business that might be.On the other hand, the bylaws state that the board determines who can be members, what the dues might be, "...exercise all of the powers of the Society...", "...review and may approve proposals submitted by committees or members ...", among a number of other things.Could this be right? If so, I don't think this is generally understood.thanks,a Student Parliamentarian.P.S. I have obtained the Certificate of Incorporation and what is thought to be the applicable State statutes relating to our organization.As stated on its Introductory Page, “The Question and Answer Forum is provided to allow an open exchange of views relevant to specific questions of parliamentary procedure under Robert's Rules of Order Newly Revised”.These questions which you are asking are not questions about the meaning and proper application of rules in RONR. They are, instead, questions about the meaning, operation and effect of what is contained in your organization’s governing documents (and perhaps applicable law). As a consequence, people here can be of little or no assistance. They have not read your governing documents in their entirety, and they know virtually nothing about your organization. To permit extensive discussion of these questions here in this forum will not only be unproductive, it may tend to mislead our readers, who may think that what is being discussed is proper procedure under the rules in RONR.As a consequence, we respectfully request that those interested in pursuing these questions do so by private e-mail, or other means outside of this forum. Link to comment Share on other sites More sharing options...
Mike Arnold Posted September 19, 2012 at 12:16 PM Author Report Share Posted September 19, 2012 at 12:16 PM As a consequence, we respectfully request that those interested in pursuing these questions do so by private e-mail, or other means outside of this forum.My apologies. Link to comment Share on other sites More sharing options...
Trina Posted September 19, 2012 at 01:07 PM Report Share Posted September 19, 2012 at 01:07 PM My apologies.Please don't be discouraged from asking further questions (as long as you understand the limits of what can fruitfully be discussed on this forum).Whether your membership can give instructions to its board (or set up a standing rule which the board must follow), or whether the only way for the membership to do this is to exercise its power to amend the bylaws, will depend on a reading of documents (bylaws; maybe statute) whose provisions will supersede what is said in RONR.Here are a few earlier threads dealing with the relationship between board powers and general membership powers -- maybe interesting reading for you, although I'm not claiming to know that these discussions apply directly to your specific organization:http://robertsrules....and-rescission/http://robertsrules....xecutive-board/http://robertsrules....-a-board-p-578/ Link to comment Share on other sites More sharing options...
George Mervosh Posted September 19, 2012 at 01:14 PM Report Share Posted September 19, 2012 at 01:14 PM Please don't be discouraged from asking further questions (as long as you understand the limits of what can fruitfully be discussed on this forum).Indeed. The Wrathful One wasn't even wrathful today. (He's really a nice guy but I'll probably be banned for saying so. It was nice knowing you) Link to comment Share on other sites More sharing options...
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