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Who is included in a quorum


Guest Linda Moeller

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Can a certain category of voting members not be counted when determining the requirements for a quorum?

 

Certain ex-officio members are not counted in determining whether or not a quorum is present - an ex officio member who is not under the authority of the society or the President, if he is an ex-officio member of all committees (or of all committees with certain stated exceptions). See FAQ #2.

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The reference below from the bylaws/plan of organization refers to determining a quorum.  Red emphasis added to share my deduction.

 

"At a county, district or state convention, a quorum shall exist at any time at which there is present on the floor at least one official delegate from fifty percent (50%) plus one (1) of the precincts or counties entitled to be present at the respective convention with duly elected delegates to said convention."

 

Scenario...counties entitled to be present CHOSE NOT to elect delegates to attend but rather elected delegates to attend other district convention.  Split counties are supposed to elect delegates* to both but a number chose not to.  Why should they count in determining a quorum if they chose not to participate?

 

*"Election of Delegates. The congressional district convention shall be composed of delegates elected by the several county conventions held annually. Each county or appropriate portion thereof shall elect one (1) delegate for each vote it is entitled to cast at the congressional district convention."

 

Comments?

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Why should they count in determining a quorum if they chose not to participate?

 

Comments?

 

I'm not saying I would've written the bylaws the way they are written, but consider a committee meeting in which five out of 9 "choose" not to show up. We wouldn't say that we shouldn't count them because they chose not to show up. With a convention, the units of cooperation may have difficulty getting enough people to fill all of the delegate slots. We could say this is choosing not to participate, but it is likely more complicated than that.

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Why should they count in determining a quorum if they chose not to participate?

Refusing to attend a meeting, or leaving a meeting in order to "break quorum", is not an unheard of tactic when you want to maintain the status quo. Click here for a famous example.

 

You count towards the quorum requirement if you're a member of the body that is meeting. If failure to attend excludes you then quorum has no meaning.

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I appreciate your comments and completely understand and agree; however,I still have issues with the Counties and their actions.  The same bylaws say they SHALL ELECT delegates...whether they attend or not is another story.   They already broke the rules when they did not elect Delegates. Not showing up is another matter really but I can see your points.

 

If they did not elect Delegates then in my opinion they don't qualify as counties "entitled" to be present.

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The rules further state they must elect all of the number of delegates assigned to carry the full weight of their vote...in other words if the county must elect 40 delegates, they must elect 40 delegates or they don't have the full weight of their vote. Once elected (40 delegates) then only just 1 person could attend the convention and vote the full weight of the vote (for all 40 delegates) These counties elected none..had no authority to vote...so again, I don't think they are 'entitled' to be present. Our county makes it a priority to elect all required knowing full well that all won't attend...but as long as we elect them, whoever attends will be able to vote the full weight of our county vote.

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If they did not elect Delegates then in my opinion they don't qualify as counties "entitled" to be present.

 

I agree that this situation is a little more complex than the typical one involving membership but I'm not convinced that failure to exercise one's entitlement means that one is no longer entitled. But it's a reasonable argument and, of course, I'm not the one you have to convince.

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The reference below from the bylaws/plan of organization refers to determining a quorum.  Red emphasis added to share my deduction.

 

"At a county, district or state convention, a quorum shall exist at any time at which there is present on the floor at least one official delegate from fifty percent (50%) plus one (1) of the precincts or counties entitled to be present at the respective convention with duly elected delegates to said convention."

 

Scenario...counties entitled to be present CHOSE NOT to elect delegates to attend but rather elected delegates to attend other district convention.  Split counties are supposed to elect delegates* to both but a number chose not to.  Why should they count in determining a quorum if they chose not to participate?

 

*"Election of Delegates. The congressional district convention shall be composed of delegates elected by the several county conventions held annually. Each county or appropriate portion thereof shall elect one (1) delegate for each vote it is entitled to cast at the congressional district convention."

 

Comments?

 

Umm, yeah:  Those are some really badly written rules you got there.

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