carlw1@earthlink.net Posted October 23, 2012 at 02:18 PM Report Share Posted October 23, 2012 at 02:18 PM In regards to an approved agenda for a meeting of the board of directors which has individual items (main motions) listed in new business section, can a member introduce new business without approval of the board to change the agenda? Link to comment Share on other sites More sharing options...
Rev Ed Posted October 23, 2012 at 03:02 PM Report Share Posted October 23, 2012 at 03:02 PM Under "New Business" any business not requiring previous notice can be brought up through a main motion. Link to comment Share on other sites More sharing options...
carlw1@earthlink.net Posted October 23, 2012 at 03:16 PM Author Report Share Posted October 23, 2012 at 03:16 PM Then I don't understand, in RONR p. 372 l. 29-33 it says "Unless a precirculated agenda is formally adopted at the session to which it applies, it is not binding as to detail or order of consideration". So I would assume from this if an agenda is precirculated and adopted then new business items couldn't be introduced, doesn't this overrule what you stated because it is formally adopted? Link to comment Share on other sites More sharing options...
JohnR Posted October 23, 2012 at 04:03 PM Report Share Posted October 23, 2012 at 04:03 PM In the regular order of business, "New Business" is an opportunity for members to introduce any new subject. It's possible to put New Business into an agenda with the same intent, but if a number of items are already listed, there may be a presumption that the category is limited to those items. A member who wishes to bring up an unlisted matter could ask for unanimous consent or formally move to amend the agenda. Or she could just make the motion and, if ruled out of order, Appeal. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 23, 2012 at 04:16 PM Report Share Posted October 23, 2012 at 04:16 PM . . . if a number of items are already listed, there may be a presumption that the category is limited to those items.Yes, I think this presumption is consistent with the "principle of interpretation" that (roughly translated) says that if certain things are specifically authorized, other things of the same class are thereby prohibited. Though, as you suggest, amendment of the agenda is always an option. Link to comment Share on other sites More sharing options...
carlw1@earthlink.net Posted October 23, 2012 at 04:34 PM Author Report Share Posted October 23, 2012 at 04:34 PM So if our By-Laws require 5 days notice of any new business item, then the way we adopt an agenda would rule out any new business items being introduced at a meeting, correct?From our By-Laws 9.02e "Any new business that a Board member wants to place on the agenda, must be submitted in writing to the President at least five(5) days prior to the meeting." Link to comment Share on other sites More sharing options...
JohnR Posted October 23, 2012 at 04:42 PM Report Share Posted October 23, 2012 at 04:42 PM I don't know. Do your bylaws require that you follow this agenda? It seems you have enshrined the undemocratic notion that the president sets the agenda. See FAQ #14. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 23, 2012 at 04:48 PM Report Share Posted October 23, 2012 at 04:48 PM It seems you have enshrined the undemocratic notion that the president sets the agenda.Well, he's just the designated recipient of the submitted items. It's not clear whether he has the authority to reject any of them.Though the "five (5)" citation flags these bylaws as (in my mind at least) worthy of suspicion. Link to comment Share on other sites More sharing options...
carlw1@earthlink.net Posted October 23, 2012 at 05:23 PM Author Report Share Posted October 23, 2012 at 05:23 PM I can see your point about the President. It could be taken that way since the operative word is "want" which doesn't appear to require the President to place the item on the agenda. Just so you we've never viewed it that way and the President have never denied placing a motion on the agenda as long as it meets the 5 day rule. To defend this, we don't like surprise motions and furthermore we want members to understand a motion prior to its consideration. I concede , we should re-write the passage so that president is required to place it on the agenda and all meetings require an approved agenda.Q. Could a member introduce a new main motion when the agenda is being considered?Q. But if that was done wouldn't that be in violation of the By-Laws at that point because of the "Any new business that a Board member wants to place on the agenda, must be submitted in writing to the President at least five(5) days prior to the meeting"must first be submitted to the president? Link to comment Share on other sites More sharing options...
JohnR Posted October 23, 2012 at 05:27 PM Report Share Posted October 23, 2012 at 05:27 PM Only your org can decide what its bylaws mean. Given the rationale about surprise motions, it would be reasonable to conclude that new business must follow the five-day rule. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 24, 2012 at 02:46 PM Report Share Posted October 24, 2012 at 02:46 PM So if our By-Laws require 5 days notice of any new business item, then the way we adopt an agenda would rule out any new business items being introduced at a meeting, correct?From our By-Laws 9.02e "Any new business that a Board member wants to place on the agenda, must be submitted in writing to the President at least five(5) days prior to the meeting."If there is nothing in the bylaws that provides that this pre-loaded agenda is actually binding without the (majority) approval of the board, then I'd say it still isn't. The first item of business would then presumably be the approval of the agenda. If that does not happen, then it's not binding and any member can move a main motion under New Business. Link to comment Share on other sites More sharing options...
Guest sara cullen Posted October 25, 2012 at 02:16 PM Report Share Posted October 25, 2012 at 02:16 PM The President of our Site Condominium Board did not put a VERY important item that he wanted to discuss on the agenda. He decided to bring it up himself under new business. He is proposing changing our Association Bylaws. He then moved for a "staw vote" without a motion or a second and by a show of hands without roll call said that he had sufficient "votes" to move forward with cirulating a questionnaire to homeowners asking them to vote on the different bylaws. He is accepting the returned questionnaires anonimiously and their is no "oversight committee" to see what the results are. Can he do any of this? Link to comment Share on other sites More sharing options...
Guest sara cullen Posted October 25, 2012 at 02:22 PM Report Share Posted October 25, 2012 at 02:22 PM Can the President of a Board bring up an item under "new business" that he wants to discuss and then continue to be in charge of this discussion. What if he states personal opinions that are purely conjecture and makes statements that are inaccurate concerning the topic, and then when he choses he just calls for a staw vote and then counts hands w/o a roll call and then decides he can move forward with his proposal. Is this allowed? Link to comment Share on other sites More sharing options...
carlw1@earthlink.net Posted October 25, 2012 at 02:50 PM Author Report Share Posted October 25, 2012 at 02:50 PM Hi Sara,I would think this would get more attention & responses if you asked this question again as a new topic in the General Discussion Forum - http://robertsrules.forumflash.com/index.php?/forum/4-general-discussion/ Link to comment Share on other sites More sharing options...
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