reconvening suspended meeting- no motion to adjourn and no new time and place set

[Guest Corinne]

An acrimonious annual meeting took place in which a chair elected by the body conducted themeeting. The Board refused to take part once it became apparent that the proxies held by some of the members would control the meeting. Some of the busieness on the approved agendawas completed but not all. The place was rentedfor a fixed time period. At least one police officer was in attendance and when the time was up the police cleared the room. No opportunity was given to make a motion to adjourn, so no time or place were fixed to continue. The business was not completed. 2 new directors were elected but the balance of the elections were stopped by the forced evacuation of the room.

Question:

1. Who can call the resumed meeting ?

the elected chair of the suspended meeting, or the existing Board (old plus 2 newly elected)?

(The governing statue gives the authority to the board to call member meetings.Members can requisition the board to call a meeting)

[jstackpo]

Sounds like the meeting adjourned, without completing the necessary annual business. So you need to call a new one -- not a "resumed" meeting.

If the bylaws allow it, check to see how a Special Meeting is called and follow those rules. If no Special Meetings are authorized, you will just have to wait - and limp along - until your next regular (regular means scheduled in the bylaws) meeting. Unfortunately, it may be not for a year.

[Chris Harrison]

Sounds like the meeting adjourned, without completing the necessary annual business. So you need to call a new one -- not a "resumed" meeting.

Since the Police cleared the room and didn't give them an opportunity to set up an Adjourned Meeting do you think that there might be any justification to (very) liberally interpret RONR p. 86 ll. 26-30 to fit this case?

[jstackpo]

Well, yeah, maybe, if you could get away with it.

Some obstreperous fellow could raise a point of order that the chair had no business calling the meeting (that they are now in) because being ejected by the cops isn't an "extreme emergency".

But do it and then the president can rule the point not well taken. If no appeal, or the chair is sustained on appeal, then the meeting continues.

[Guest Edgar]

An acrimonious annual meeting took place in which a chair elected by the body conducted the meeting. The Board refused to take part . . .

And a good thing too since, at a meeting of the general membership, the board, as a board, wasn't there. Which is a somewhat dramatic way of saying that a board can only act as a board at a board meeting. Which (presumably) this wasn't.

[George Mervosh]

Since the Police cleared the room and didn't give them an opportunity to set up an Adjourned Meeting do you think that there might be any justification to (very) liberally interpret RONR p. 86 ll. 26-30 to fit this case?

No. One could liberally argue (if one is inclined to make liberal arguments) that the time for a regular adjournment was set no later than the end of the fixed time period the room was rented for (see post 1).

[Josh Martin]

Since the Police cleared the room and didn't give them an opportunity to set up an Adjourned Meeting do you think that there might be any justification to (very) liberally interpret RONR p. 86 ll. 26-30 to fit this case?

Since the chair didn't do what RONR, pg. 86, lines 26-30 says to do in emergencies anyway, I'm not sure it matters at this point.

From a theoretical perspective about what the chair could have done at the time, I could easily go either way on it, depending on the behavior of the police.

No. One could liberally argue (if one is inclined to make liberal arguments) that the time for a regular adjournment was set no later than the end of the fixed time period the room was rented for (see post 1).

I'm cautious of that argument as well, since there's no evidence that the assembly decided how long the room should be rented for, nor does it necessarily follow that the assembly would not wish to continue the meeting at another location if the meeting went over the scheduled time.

[Guest Edgar]

The place was rented for a fixed time period. At least one police officer was in attendance and when the time was up the police cleared the room. No opportunity was given to make a motion to adjourn, so no time or place were fixed to continue.

Since the Police cleared the room and didn't give them an opportunity to set up an Adjourned Meeting . . .

I see no evidence that the meeting ended unexpectedly or prematurely because of an emergency. It ended when it was scheduled to end. Was no one watching the clock?

Calling this a "suspended" meeting doesn't make it one. It's over.

[Gary Novosielski]

The Board refused to take part once it became apparent....

According to the rules in RONR, the board, as such, would normally not be allowed to take part, since it was a meeting of the membership, not of the board. (Except that it is not unusual to have the same presiding and recording officers for both bodies.)

Of course, individual members of the board, if they are also members of the society itself, retain all those r ights of membership.