Discussion after motion has been voted on

[Guest Kapiolani]

A board member present for a vote but who does not recall having been there sent out a series of e-mails (excluding some members of the board) after the monthly meeting questioning, in detail, why the board voted the way we did; stating his objections to the vote, which was unanimous; and criticizing the individual who benefited from the vote. I sent him the portion of the minutes concerning the motion and mentioned that the discussion was closed. He is now accusing me of "making up rules" and limiting discussion (as in "curtailing free speech") and is demanding that I produce the rule that ends debate once the motion is voted on. The rest of the board is stunned at this aggressive questioning of something that we thought was basic, but I cannot find the specific rule that would govern this issue. Can you help? Are we mistaken?

[Shmuel Gerber]

As far as RONR is concerned, email discussions have nothing to do with debate. Outside a meeting, members are free to discuss things with each other to their hearts' content (or discontent).

[Guest Kapiolani]

Thank you for your reply. I think the concern was that he was not just expressing his dismay at the outcome of the vote but trying to conduct business outside of the meeting by reopening debate on the motion. Our bylaws address the use of e-mail to approve actions, but the board thought that the appropriate course would be for him to move to rescind at the next meeting, which would then potentially open the matter up for discussion again by the full board. Is that correct?

[Shmuel Gerber]

Thank you for your reply. I think the concern was that he was not just expressing his dismay at the outcome of the vote but trying to conduct business outside of the meeting by reopening debate on the motion. Our bylaws address the use of e-mail to approve actions, but the board thought that the appropriate course would be for him to move to rescind at the next meeting, which would then potentially open the matter up for discussion again by the full board. Is that correct?

 

Then you will need to look to your bylaws and other governing documents for the rules relating to the use of e-mail to conduct business. If action can be taken by e-mail, presumably this includes rescinding previously adopted motions as well. In any event, I can't imagine that a rule permitting the use of e-mail to approve actions has the consequence that board members can never e-mail each other to discuss things other than a pending motion.