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Guest Caroline Eastman

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Guest Caroline Eastmand

Thanks,

Ok, our club had a nomminating committee (they were late in getting things done) per our Articles, but its been done that way for years. In fact it was the same person has Chairman. Because some of the board members didn't like the slate at the next meeting they made a motion and it was seconded to void the committee and its slate. The president didn't think they had a choice not to allow the motion to be voted on. So the vote was held and motion carried. after the meeting several people blamed the President stating he could have stoped this. He didn't have to allow the vote

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Guest_Caroline Eastmand:

First question, did an election happen, or was there (under more or less dubious circumstances) merely a (supposed) change in the nominees/slate?

Your non-standard (that is, non-RONR) rules may vary--in which case no one here can interpret them for you--but "ordinarily" the general membership can elect whomsoever, committee nominated, "floor nominated", or write in, that it wishes.

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Guest Caroline Eastmand

No the election has not happened yet. It will happen at our aunnal meeting in a few months. This was only a board meeting and one done on a conference call. What happens in November the board picks a nomminating committee, we picked the committee in December because at the November meeting it was not on the addenda. In December we voted on the nomminating committee on the on line forum, the committee was selected and they becan the process. Then part of the board didn't agree with the Nomminating Committees slate. At the next meeting a motion was made and seconded to (undo, do away with,) the nomminating committe and the slate. Because the motion was made and seconded the President felt they had no choice but to call for a vote. Which passed and the nomminating committee and slate are said to be void. Then the same board members motioned and voted on a new committee. Yes I understand we can nominate, but in our rules we have to send in a second slate and members have to be notified. I don't think we can Nominate from the floor, I didn't find it in the articles/bylaw of the club. but again this club has not followed by laws very well. My question was since the President allowed the motion to be voted on. Other members of the board state the president could have stoped the vote and not allowed it? I thought once a motion was made and seconded it had to be voted on

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My question was since the President allowed the motion to be voted on. Other members of the board state the president could have stoped the vote and not allowed it? I thought once a motion was made and seconded it had to be voted on

If the motion was out of order the president could have (and should have) said so. His ruling could have been appealed.

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Guest Caroline Eastman

My question in all of this, since the President is being blamed members of the board for allowing the vote to happen. Was there anything the President could have done to not had the vote on the motion ? The President thought since a motion was made and seconded he had no choice but to ask for a vote

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I don't think we can Nominate from the floor, I didn't find it in the articles/bylaw of the club. but again this club has not followed by laws very well.

Nominations from the floor are in order unless your rules provide otherwise.

My question in all of this, since the President is being blamed members of the board for allowing the vote to happen. Was there anything the President could have done to not had the vote on the motion ? The President thought since a motion was made and seconded he had no choice but to ask for a vote

The President is not quite correct that he has no choice to permit a motion once it has been made and seconded, although I believe he had no choice in this instance. The President can and should rule a motion out of order if it is, in fact, out of order. It seems to me that this motion was in order, however, so there's really nothing the President could do. The President can't prevent a motion from going to a vote simply because he doesn't like it.

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I'm not sure if the motion was out of order? I guess I don't understand.

Essentially, a motion is out of order if it violates the rules - the Bylaws, RONR, etc. The motion itself might be out of order or it might just be out of order in that particular situation, such as how a main motion is not in order when another main motion is pending.

But lets say it was out of order and the President did not allow it.

This does not appear to be the case here, but it may be relevant for future cases. If a motion is out of order, the President rules the motion out of order and states his reasoning. The motion is effectively dead and the assembly moves on.

In some cases, it may be unclear whether a motion is out of order, especially when it comes to interpreting the assembly's customized rules. If a member disagrees with the President's ruling, he may Appeal from the decision of the chair, which puts the decision in the hands of the assembly. A majority vote is sufficient to overturn the chair's ruling.

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What could have happened in the meeting:

* member calls for a point of order - "Mr. Chair, point of order - the motion that has been made is out of order, for ___ reason.

* Chair could rule on the point of order, if members disagree with ruling, they could Appeal the Decision of the Chair and vote on whether or not to uphold the decision

* Chair could submit the decision on the point of order to the assembly - "I am in doubt, and I will submit the question of whether or not this motion is in order to the assembly.

I will note that if the assembly voted to throw out the nominating committee, the point of order would probably not have been approved either - but who knows.

I will also note that unless online voting is explicitly permitted in your bylaws, your organization could not have elected a nominating committee that way. Don't know if that's the case or not - but you may wish to strike a bylaw committee, for added amusement.

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I presume the word "strike" is being used here in a sense not all that common to those of us south of the border.

Fascinating - there are 310,000 google results for "strike a committee", mainly coming up with Canadian results for me at the moment - some other countries with a parliamentary heritage as well. I had no idea that was not a common phrase with our southern neighbours.

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