Guest Ray Posted November 16, 2013 at 01:44 AM Report Share Posted November 16, 2013 at 01:44 AM My organization recently voted on a bylaw that required a 2/3 vote. The teller reported that we needed 19.4 votes and declared that 19 votes was achieved and that the motion passed. The chairman agreed and then the membership approved destroying the ballots.The meeting concluded. Now members are saying the motion didnt pass and rightfully so. We needed 20 to pass. It was my understanding that when a meeting is concluded that the vote, no matter right or wrong is approved as no one in the meeting objected to the improper amount needed to the bylaw to pass. Is this correct? Does membership have an option to re-vote the bylaw.?Thank you for your input. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 16, 2013 at 01:57 AM Report Share Posted November 16, 2013 at 01:57 AM Is this correct?Yes. Does membership have an option to re-vote the bylaw.?Yes, the bylaws could be amended again to restore them to their 'original' condition. Nothing is carved in stone. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 16, 2013 at 01:58 AM Report Share Posted November 16, 2013 at 01:58 AM The amendment stays adopted (see Official interpretation 2006-18 for details). Link to comment Share on other sites More sharing options...
Guest Ray Posted November 16, 2013 at 04:51 PM Report Share Posted November 16, 2013 at 04:51 PM The amendment stays adopted (see Official interpretation 2006-18 for details).Chris,Forgive me for asking again, Even though the votes were tallied wrong and reported as approved, the motion still carries because no one objected to this in the meeting.?Second question, since the minutes have not been approved by membership yet, can the minutes be amended to reflect that this was incorrectly tallied and reported? Will the motion then fail? Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 16, 2013 at 05:05 PM Report Share Posted November 16, 2013 at 05:05 PM Second question, since the minutes have not been approved by membership yet, can the minutes be amended to reflect that this was incorrectly tallied and reported? Will the motion then fail? No and No. The minutes should accurately reflect what was done, even if what was done was wrong. (And it's too late for a re-count since the ballots were destroyed,) Next time, do it right (and, as noted, there can be a "next time" by making another motion to amend the bylaws . . . again). Just out of curiosity, are you saying that there were 19 affirmative votes when at least 20 were needed or are you saying that there weren't even 19 affirmative votes. In other words, was the count wrong or was it a case of misunderstanding what constitutes a two-thirds vote? (See FAQ #5.) Link to comment Share on other sites More sharing options...
Josh Martin Posted November 16, 2013 at 07:00 PM Report Share Posted November 16, 2013 at 07:00 PM It was my understanding that when a meeting is concluded that the vote, no matter right or wrong is approved as no one in the meeting objected to the improper amount needed to the bylaw to pass. Is this correct? Yes. A member should have raised a Point of Order at the time. It's too late now. Does membership have an option to re-vote the bylaw.? Well, they can't just "re-vote" on it, but a member can certainly try to amend the bylaws back to the way they originally were, following the usual procedures for amending the bylaws. Forgive me for asking again, Even though the votes were tallied wrong and reported as approved, the motion still carries because no one objected to this in the meeting.? Yes. Second question, since the minutes have not been approved by membership yet, can the minutes be amended to reflect that this was incorrectly tallied and reported? Well, I suppose they can, but I'm not sure what the purpose of that would be. (This is assuming the minutes would include a note to this effect. It would certainly not be appropriate to alter the count or the result itself. As Edgar notes, the minutes are a record of what happened, whether or not what happened was in error.) Will the motion then fail? No. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 16, 2013 at 08:36 PM Report Share Posted November 16, 2013 at 08:36 PM The teller reported that we needed 19.4 votes and declared that 19 votes was achieved and that the motion passed. It might also be worth pointing out here that the teller does not accounce that the motion passed. That is the chair's duty. The teller reads (out loud) the report of the voting tabulations, and hands it to the chair, who reads it out loud again, and then announces the result of the vote. (No book with me, but someone might come up with a citation). Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 16, 2013 at 09:22 PM Report Share Posted November 16, 2013 at 09:22 PM (No book with me, but someone might come up with a citation).That would be on pages 417-419 Link to comment Share on other sites More sharing options...
Guest Ray Posted November 17, 2013 at 12:43 AM Report Share Posted November 17, 2013 at 12:43 AM No and No. The minutes should accurately reflect what was done, even if what was done was wrong. (And it's too late for a re-count since the ballots were destroyed,) Next time, do it right (and, as noted, there can be a "next time" by making another motion to amend the bylaws . . . again). Just out of curiosity, are you saying that there were 19 affirmative votes when at least 20 were needed or are you saying that there weren't even 19 affirmative votes. In other words, was the count wrong or was it a case of misunderstanding what constitutes a two-thirds vote? (See FAQ #5.)Edgar, 20 votes were needed for a 2/3 vote. There were 29 voting. Link to comment Share on other sites More sharing options...
Guest FrankieD Posted November 17, 2013 at 12:59 AM Report Share Posted November 17, 2013 at 12:59 AM I am a member of the Club in question that Ray speaks of. To clarify this is not a by-law but a dues increase. Our Bylaws state that a minimum of 2/3 vote is needed to pass. The number of votes required was 19.4 but only achieved 19 affirmative votes. The Chair inadvertently and incorrectly announced that the dues increase passed when in fact it failed.Based on the responses that I am reading it sounds as if the error will take precedence over the will of membership. How can this be? Keep in mind that no additional business has been conducted concerning the dues increase.If the affirmative vote must stand; then can someone please provide advice as to how we can correct this debacle and act according to the will of membership? Thanks much to all!! Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 17, 2013 at 01:10 AM Report Share Posted November 17, 2013 at 01:10 AM If the affirmative vote must stand; then can someone please provide advice as to how we can correct this debacle and act according to the will of membership? Make a motion to rescind the previously (and erroneously) adopted motion. Link to comment Share on other sites More sharing options...
Guest FrankieD Posted November 17, 2013 at 01:30 AM Report Share Posted November 17, 2013 at 01:30 AM Thank you Edgar for all your help on this... Link to comment Share on other sites More sharing options...
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