Guest Trevor Posted April 10, 2015 at 07:15 PM Report Share Posted April 10, 2015 at 07:15 PM Hello friends, I am looking for some advice on an issue we are having. At our meeting last month, a motion was brought up regarding making a large purchase. Apparently there was some discussion and the vote was held, with the motion passing 14-12.Where it gets very muddy is, there were 3 nay absentee votes that were submitted due to knowledge of the motion that was going to be brought up, however they were not counted. In our Constitution it states all members have the right to absentee vote, so long as they contact a member of the Executive Committee prior to the start of the meeting. It states nothing about what can or cannot be voted on, just that we have the right to vote on all issues. We have always done it in the past that absentee votes for motions did not count, but that is not how the Constitution reads and nobody knew otherwise until this issue.It seems to me like the vote should be called invalid or illegal and should be held again at next month's meeting, with absentee votes counting. There has been some push back from members saying that we need to move on and just let the purchase pass, but I think the right thing to do would be to cancel it and hold it again since it was such a close vote. Does the President have the authority to call the vote invalid and or would the passing motion be valid, even though the 3 votes were not counted? Any help would be appreciated. Thanks! Link to comment Share on other sites More sharing options...
George Mervosh Posted April 10, 2015 at 07:24 PM Report Share Posted April 10, 2015 at 07:24 PM If the number of members improperly denied the right to vote could have affected the outcome, the vote is invalid, and a point of order can be raised at any time. The point of order must be raised in a meeting and is ruled on by the President and subject to appeal. RONR (11th ed.), p. 251 I am not saying your interpretation (or anyone else's interpretation) of your bylaws is correct or incorrect. No opinion is being offered regarding the bylaws. Link to comment Share on other sites More sharing options...
Guest Trevor Posted April 10, 2015 at 08:04 PM Report Share Posted April 10, 2015 at 08:04 PM Thank you for your help on this issue. Just to be clear, can the President tell the member who made the motion to not spend the money voted on until after the next meeting so that the motion can be re-examined? Even though the motion (unfairly) passed the first time. Also, if a person brought up the point of order in the next meeting and the President approved it, would we simply hold a re-vote, including all votes? Or would the motion need to be placed again, with the second, and then discussion? I apologize for all the questions and for any confusion. I just want to make sure everything is done correctly. Link to comment Share on other sites More sharing options...
Chris Harrison Posted April 10, 2015 at 08:28 PM Report Share Posted April 10, 2015 at 08:28 PM Just to be clear, can the President tell the member who made the motion to not spend the money voted on until after the next meeting so that the motion can be re-examined? Even though the motion (unfairly) passed the first time.That is a good question. Technically speaking an adopted motion is deemed to be valid until it is determined not to be valid. So yes, the President should tell the member that the motion may have been improperly adopted and ask him to hold off in spending the money until things are worked out however I don't believe the President has the authority to prevent the money from being spent. However, if the member knew there was a possibility the motion was going to be ruled null and void but spent the money anyway (and the motion after being voted on again was defeated) I think the organization would be well within its rights to initiate disciplinary proceedings and require reimbursement. Also, if a person brought up the point of order in the next meeting and the President approved it, would we simply hold a re-vote, including all votes? Or would the motion need to be placed again, with the second, and then discussion?If the motion is ruled null and void everything would be thrown out so the motion would need to be made again, debate would be in order, and another vote would be held. Link to comment Share on other sites More sharing options...
George Mervosh Posted April 10, 2015 at 08:32 PM Report Share Posted April 10, 2015 at 08:32 PM If your bylaws allow for special meetings and one can be held before the next regular meeting, I'd call one. This kind of mess is tailor made for a special meeting. Link to comment Share on other sites More sharing options...
Guest Trevor Posted April 10, 2015 at 08:47 PM Report Share Posted April 10, 2015 at 08:47 PM Thank you guys for all the help. We'll just have to ask the member to hold off on spending the money until the next meeting. I don't think we would be able to get a quorum for a special meeting. Link to comment Share on other sites More sharing options...
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