Outside the scope of RR, but...

[Guest Desperate much]

Do motions made at board meetings have to reflect only items on the agenda?

There is verbiage in a civil code that says if there is an agenda item that could not make it on onto the printed agenda ahead of time, that the board must announce to any members present, before discussion, that item (I'm assuming so it can possibly be discussed before the members, who do not have any other opportunity to speak on an agenda item, can speak on it then)

For instance...there was an agenda item to review two revised charters for two committees.

Instead of reviewing them, or discussing any charter changes, one board member announced that she just wanted to disband the committees instead of letting them sort out their business becuase of the very brief reasons she stated. The motion passed in a meeting where two people were missing and there was no warning of this action or what she intended to do before the meeting, and of course the time for members to speak was over.

Wouldn't the matter of whether or not to disband the committees have to be either on the agenda or be announced before hand to allow discussion or comments by members in attendance?

Isn't that a different matter than discussing charter revisions, hich was what was on the agenda?

[jstackpo]

The answer to your initial question is "No", as far as RONR goes.

 

But if you are talking about "civil code" then you are on your own.  Ask a lawyer.

[BabbsJohnson]

What constitues new business?

Does it have to be on the agenda?

I found this, like I said, outside the scope of RR but...

4930. (a) Except as described in subdivisions ( to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920.

(Excerpt remove to shorten post, but the jist is still right here...)

(1) Upon a determination made by a majority of the board present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.

(2) Upon a determination made by the board by a vote of two-thirds of the directors present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the directors present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed pursuant to subdivision (a) of Section 4920.

(3) The item appeared on an agenda that was distributed pursuant to subdivision (a) of Section 4920 for a prior meeting of the board that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting.

The very last sentence 3.b is what interests me.

"(e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting."

[Dan Honemann]

What constitues new business?

Does it have to be on the agenda?

I found this, like I said, outside the scope of RR but...

4930. (a) Except as described in subdivisions ( to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920.

(Excerpt remove to shorten post, but the jist is still right here...)

(1) Upon a determination made by a majority of the board present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice.

(2) Upon a determination made by the board by a vote of two-thirds of the directors present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the directors present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed pursuant to subdivision (a) of Section 4920.

(3) The item appeared on an agenda that was distributed pursuant to subdivision (a) of Section 4920 for a prior meeting of the board that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting.

The very last sentence 3.b is what interests me.

"(e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting."

 

Advice concerning the meaning and proper application of statutory provisions is, as you have recognized, beyond the scope of this forum.