Guest Anna Posted July 8, 2014 at 08:15 PM Report Share Posted July 8, 2014 at 08:15 PM Our Board approved motions, where we miscounted and assumed we had quorum. What is the best/correct way to handle the motions now? Do we just get the members that were not preset to vote? or do we have a new vote all together? Some of the motions are time sensitive (i.e. approval of financial statements), and there was a lot of turn over on the Board since this meeting and now there might be a different view on the vote. Link to comment Share on other sites More sharing options...
Chris Harrison Posted July 8, 2014 at 09:18 PM Report Share Posted July 8, 2014 at 09:18 PM Unless you have "clear and convincing" proof that a quorum wasn't present when these motions were voted on they are all valid (RONR p. 349 ll. 21-28). If you are able to come up with clear and convincing proof then all motions voted on when there was no quorum would be null and void (RONR p. 251 [e]) and would have to be considered anew. Link to comment Share on other sites More sharing options...
Edgar Guest Posted July 8, 2014 at 09:32 PM Report Share Posted July 8, 2014 at 09:32 PM . . . we miscounted and assumed we had quorum. Just out of (morbid?) curiosity, how many members did you need for a quorum and how many members were actually present? (Come to think of it, it might be a useful question as it speaks to Mr. Harrison's reference to "clear and convincing" proof.) Link to comment Share on other sites More sharing options...
Guest bobby101 Posted September 17, 2014 at 12:40 AM Report Share Posted September 17, 2014 at 12:40 AM Is clear and convincing proof of the count of votes cast the number stated in the minutes? We needed 38 as a quorum at our membership meeting--for the last few by-law amendments discussed only 31 votes were cast( there were no abstentions). The issue was raised, although not in the preferred wording of a "point of order', responded to (incorrectly) by a member of the board (which I understand has no special rights or authority at a membership meeting) and not answered by the presiding officer to whom it had been addressed. One of the by-laws "passed" during this "quorumless" time was one that removed the right of a member (thereby all members) to appeal certain decisions of the board. The board was strongly in favor this change and proportionately a larger part of the remaining members (31) at the meeting at this time. The right to appeal had been part of our by-laws for the previous 25 years- the farthest back I could find a copy of the club's by-laws. Mr. Simons (bobby101) Link to comment Share on other sites More sharing options...
Edgar Guest Posted September 17, 2014 at 12:49 AM Report Share Posted September 17, 2014 at 12:49 AM Is clear and convincing proof of the count of votes cast the number stated in the minutes? Mr. Simons, this thread is more than two months old. Is this really the best place to ask your question? Link to comment Share on other sites More sharing options...
Guest bobby101 Posted September 17, 2014 at 01:37 PM Report Share Posted September 17, 2014 at 01:37 PM Mr. Guest: This is Mr. Simons. To your response about the timeliness of my question. I have been surfing RONR for the past several days to gather information from those of you who are well-versed on the issues I'm trying to address and correct. I'm dealing- mostly on my own- with a severe case of board mis-conduct at our club. When I come across a posting that fits a situation that I've identified at our club, I take that opportunity to raise a question and hear an informed response to that question. While this specific posting may be more than two months old, it applies directly and currently to our situation and, therefore, I'm interested in the answer. And, I'll continue to review the RONR postings to see if there are other postings and answers that can be applied. I've had no success in raising the question(s) at our club since it's the board that favors doing nothing on this issue. And, I assume your answer to the posting will be the same despite the fact that the initial inquiry is more than two months old. Thank you bobby101 Link to comment Share on other sites More sharing options...
Josh Martin Posted September 17, 2014 at 11:39 PM Report Share Posted September 17, 2014 at 11:39 PM Mr. Guest: This is Mr. Simons. To your response about the timeliness of my question. I have been surfing RONR for the past several days to gather information from those of you who are well-versed on the issues I'm trying to address and correct. I'm dealing- mostly on my own- with a severe case of board mis-conduct at our club. When I come across a posting that fits a situation that I've identified at our club, I take that opportunity to raise a question and hear an informed response to that question. While this specific posting may be more than two months old, it applies directly and currently to our situation and, therefore, I'm interested in the answer. And, I'll continue to review the RONR postings to see if there are other postings and answers that can be applied. It is generally best to raise a new question in a new topic, even if an existing question is similar. Please remember that in the future. And, I assume your answer to the posting will be the same despite the fact that the initial inquiry is more than two months old. Yes, it is quite correct that the answer to your question will be the same as when you asked it almost two months ago. Is clear and convincing proof of the count of votes cast the number stated in the minutes? We needed 38 as a quorum at our membership meeting--for the last few by-law amendments discussed only 31 votes were cast( there were no abstentions). The issue was raised, although not in the preferred wording of a "point of order', responded to (incorrectly) by a member of the board (which I understand has no special rights or authority at a membership meeting) and not answered by the presiding officer to whom it had been addressed. One of the by-laws "passed" during this "quorumless" time was one that removed the right of a member (thereby all members) to appeal certain decisions of the board. The board was strongly in favor this change and proportionately a larger part of the remaining members (31) at the meeting at this time. The right to appeal had been part of our by-laws for the previous 25 years- the farthest back I could find a copy of the club's by-laws. It will ultimately be up to the assembly to determine what constitutes "clear and convincing proof." The appropriate way to address the bylaw amendments adopted at this meeting is to raise a Point of Order at the next meeting of the general membership that a quorum was not present and, therefore, the amendments are null and void. If the chair rules this point not well taken, you should then Appeal from his ruling, which will put the decision in the hands of the assembly. Be ready to present your proof. A majority vote is sufficient to overturn the chair's ruling. I've had no success in raising the question(s) at our club since it's the board that favors doing nothing on this issue. What the board favors doesn't matter. The general membership of the club will decide the issue. Link to comment Share on other sites More sharing options...
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