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Guest Concerned Member

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Guest Concerned Member

At our meetings a membership log is kept to track attendance however, not all members sign in when attending a meeting. A motion was passed and a vote was on the floor presented to membership. Becasue all membership at the meeting did not sign in a quarum was not evident based on the attendance log and the vote was tabled.

We have a bylaw that the attendance log is closed 30 min. after the start of a meeting. A motion was presented and passed and voted on requiring all membership attending a meeting must sign in or that member will be asked to leave. I have two concerns with this.

First, the motion that passed and voted on took place well past the 30 min that is clearly stated in our bylaws. Either a vote was held without a quarum or membership signed in past the 30 min. Due to the voilation of the bylaw, can this motion and vote be upheld?

Second, I have found nothing that states a membership must leave a membership meeting because that member is not signed in, no in our bylaws or in Roberts Rules. I would also believe that a members rights is being violated by not permitting that member to attend meetings. Am I correct?

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A member's rights are violated by them not signing the register and getting kicked out for it, but I would hold such a rule to be valid because the assembly has established an expectation of its members. Accordingly, the assembly has the power to punish members who violate it, and since a violation happens in a meeting, does not need formal disciplinary procedures to do so.

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First, the motion that passed and voted on took place well past the 30 min that is clearly stated in our bylaws. Either a vote was held without a quarum or membership signed in past the 30 min. Due to the voilation of the bylaw, can this motion and vote be upheld?

You need "clear and convincing proof" that a quorum was not present to declare a motion null and void due to lack of quorum after the fact. Since it seems to be commonly accepted that the sign-in sheet is not that accurate, I don't think it constitutes "clear and convincing proof."

I'm not clear on all the specifics of the rules involved, but it seems to me that members signing in after the 30 minutes would only cause a continuing breach for an adopted motion if the Bylaws strip such members of the right to vote. Even then, you'd need to show that there were enough of them that their votes could have made a difference in the result.

So based on the facts presented, I'd say the motion stands.

Second, I have found nothing that states a membership must leave a membership meeting because that member is not signed in, no in our bylaws or in Roberts Rules. I would also believe that a members rights is being violated by not permitting that member to attend meetings. Am I correct?

Sounds right to me. If the members want a rule which strips members of their rights to attend meetings, it would need to be in the Bylaws.

A member's rights are violated by them not signing the register and getting kicked out for it, but I would hold such a rule to be valid because the assembly has established an expectation of its members. Accordingly, the assembly has the power to punish members who violate it, and since a violation happens in a meeting, does not need formal disciplinary procedures to do so.

The assembly may follow the abbreviated disciplinary procedures in Section 61 of RONR for offenses which take place during a meeting, but it doesn't mean the society can forego disciplinary procedures altogether. A member can only be deprived of his basic rights by disciplinary procedures or by a rule in the Bylaws. So if the assembly wants to kick people out for failing to follow the sign-in requirement on a case-by-case basis, following the steps in Section 61 each time, that's fine, but making it automatic will require an amendment to the Bylaws.

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