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Chairman Challenged Out of Order


Guest Holli

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Posted

If a board member wants to ask a question as a followup to a previously reported/discussed item on the agenda (no action), and the chairman allows the question just before adjournment, is the chair out of order for allowing the followup question?

Posted

This is a Request for Information.  If a motion has been adopted to adjourn, but the Chair has not yet declared the meeting adjourned, I see nothing in RONR which would not allow the Chair to answer the Request for Information.

Posted

The steps that are in order while the motion to adjourn is pending or after the assembly has voted to adjourn does not include allowing the followup question. See RONR 11th ed., pp. 238-239.

Hi, I am sorry I was not clear.  There was no motion to adjourn yet.

Posted

The steps that are in order while the motion to adjourn is pending or after the assembly has voted to adjourn does not include allowing the followup question. See RONR 11th ed., pp. 238-239.

 

Quite correct. I wonder why the authors did not see fit to include a Request for Infomation. It seems to me that this could, at least in some instances, be as imporatnt as "mak[ing] important announcements," which is one of the allowed steps. P. 228, l. 23.

Posted

Perhaps one could announce that they have an important question, followed by the chair announcing the answer.

 

In any case, if no motion has been made, let alone adopted, to adjourn, why wouldn't the request for information be in order?  I don't mean that sarcastically, I just want to see if there is additional information available from the OP that might clarify the question.  Asked a different way - what makes you think it's out of order?

Posted

Perhaps one could announce that they have an important question, followed by the chair announcing the answer.

 

In any case, if no motion has been made, let alone adopted, to adjourn, why wouldn't the request for information be in order?  I don't mean that sarcastically, I just want to see if there is additional information available from the OP that might clarify the question.  Asked a different way - what makes you think it's out of order?

 

A Request for Information, to be in order, must be a request for information relevant to the business at hand.

 

Perhaps Guest Holli thinks that there was no business at hand when the request was made to which the request was relevant. 

  • 3 months later...
Posted

in a similar situation, the question was "can we bring back a previous no action item?". This just prior to adjournment.  Yes, Motion made and passed.on the action item. Because of heated legal contrversy, undone before adjournment. If not undone would action have been proper?

Posted

First of all, there are no such things in RONR as "action items" or "no action items", and so you will need to explain what you mean by "can we bring back a previous no action item?"

Actually, I don't really understand the rest of what you have posted either. Perhaps it would be best if you started a new topic and spent a bit more time explaining what happened.

Posted

Sorry.  I am new to this.  The agenda item came up for consideration " Discussion and possible action authorizing Executive Director and appointee(s) to negotiate employment contract with Executive Director."  Presumption here is that is his (the)  E.D.s contract. After the board president announced this as the next item on the agenda, and some brief comments by board members, the board president announced  " No action taken on this item". After all items were "acted" on, including executive session to meet with legal, the only remaining item was adjournment.  No motion to adjourn made when a board member asks if he can bring back an item passed over with "no action taken"?  He followed instructions to move to recall the item, it was seconded and vote approved motion to  "recall".  The member then immediately moved to not negotiate with Exec Dir, that he be immediately terminated, and named a possible temporary Exec Dir.    What followed can only be discribed as a small circus act up to and including a second, a vote on the motion, another executive session, a motion withdrawal and finally adjournment.  I am requesting a video version of the minutes once they are approved.

The heated discussion following the vote and there are different opinions as to the final outcome of that vote ( that is why the request for video). The discussion included references to "item on the agenda was not the item voted on", whether the item should have gone to executive session. In the end, the motion the terminate was withdrawn.

My question, I am not an attorney, is about the "announced" no action.  If the citizens hearing this pronouncement, leave the meeting before adjournment  for this or any other no action item, aren't they going to be surprised to find out later that the board acted on that item, either to their liking or not.

Can the item be acted on if the pronouncement by the "board" is no action on this agenda item.  It was not no action of this item NOW in the meeting but it may be acted on LATER in this meeting.  Sorry, but simply can it be brought back later in the same meeting? Not debating if the Exec Dir should be terminated, no reason for his termination given.  Not debating personnel matters, executive sessions.

Thank you for your time and response.

 

 

\

 

Posted
5 hours ago, Hieu H. Huynh said:

Please post as a new topic.

Sorry again.  I misunderstood the word " perhaps" , I will check with Webster.  I chose to continue here as a guest not yet very familiar with the quorum and simply seeking a possible answer since the thread appeared to be discussing no action, and questions just before adjournment.  Sorry for not understanding the system you use and taking your generous donated time.

Posted
12 hours ago, Guest Mr said:

Sorry.  I am new to this.  The agenda item came up for consideration " Discussion and possible action authorizing Executive Director and appointee(s) to negotiate employment contract with Executive Director."  Presumption here is that is his (the)  E.D.s contract. After the board president announced this as the next item on the agenda, and some brief comments by board members, the board president announced  " No action taken on this item". After all items were "acted" on, including executive session to meet with legal, the only remaining item was adjournment.  No motion to adjourn made when a board member asks if he can bring back an item passed over with "no action taken"?  He followed instructions to move to recall the item, it was seconded and vote approved motion to  "recall".  The member then immediately moved to not negotiate with Exec Dir, that he be immediately terminated, and named a possible temporary Exec Dir.    What followed can only be discribed as a small circus act up to and including a second, a vote on the motion, another executive session, a motion withdrawal and finally adjournment.  I am requesting a video version of the minutes once they are approved.

The heated discussion following the vote and there are different opinions as to the final outcome of that vote ( that is why the request for video). The discussion included references to "item on the agenda was not the item voted on", whether the item should have gone to executive session. In the end, the motion the terminate was withdrawn.

My question, I am not an attorney, is about the "announced" no action.  If the citizens hearing this pronouncement, leave the meeting before adjournment  for this or any other no action item, aren't they going to be surprised to find out later that the board acted on that item, either to their liking or not.

Can the item be acted on if the pronouncement by the "board" is no action on this agenda item.  It was not no action of this item NOW in the meeting but it may be acted on LATER in this meeting.  Sorry, but simply can it be brought back later in the same meeting? Not debating if the Exec Dir should be terminated, no reason for his termination given.  Not debating personnel matters, executive sessions.

Thank you for your time and response.

 

As far as the rules in RONR are concerned, a motion can be made, considered, and adopted even if previously during a board meeting the same or a similar subject came up on the agenda and after some brief comments by board members the board president announced "No action taken on this item." Taking no action is not the same thing as deciding that no action will be taken.

The fact that citizens left the meeting is if no consequence whatsoever. Questions as to whether or not any applicable law was violated will have to be addressed to an attorney.

All this business about making and adopting a motion to "recall" the item before allowing the member to make his motion, and the motion which was thereafter made, both appear to be jumbled messes. I suppose one could interpret the declaration of "No action taken on this item", as constituting a decision by the assembly that no action would be taken, and then regard the motion to "recall" as a motion to either reconsider or rescind this decision, but I see no sense in getting into all of that since the motion was withdrawn. None of this matters now.

And yes, next time post your questions as a new topic. :)

 

 

Posted
8 hours ago, Daniel H. Honemann said:

As far as the rules in RONR are concerned, a motion can be made, considered, and adopted even if previously during a board meeting the same or a similar subject came up on the agenda and after some brief comments by board members the board president announced "No action taken on this item." Taking no action is not the same thing as deciding that no action will be taken.

The fact that citizens left the meeting is if no consequence whatsoever. Questions as to whether or not any applicable law was violated will have to be addressed to an attorney.

All this business about making and adopting a motion to "recall" the item before allowing the member to make his motion, and the motion which was thereafter made, both appear to be jumbled messes. I suppose one could interpret the declaration of "No action taken on this item", as constituting a decision by the assembly that no action would be taken, and then regard the motion to "recall" as a motion to either reconsider or rescind this decision, but I see no sense in getting into all of that since the motion was withdrawn. None of this matters now.

And yes, next time post your questions as a new topic. :)

 

 

 

8 hours ago, Daniel H. Honemann said:

As far as the rules in RONR are concerned, a motion can be made, considered, and adopted even if previously during a board meeting the same or a similar subject came up on the agenda and after some brief comments by board members the board president announced "No action taken on this item." Taking no action is not the same thing as deciding that no action will be taken.

The fact that citizens left the meeting is if no consequence whatsoever. Questions as to whether or not any applicable law was violated will have to be addressed to an attorney.

All this business about making and adopting a motion to "recall" the item before allowing the member to make his motion, and the motion which was thereafter made, both appear to be jumbled messes. I suppose one could interpret the declaration of "No action taken on this item", as constituting a decision by the assembly that no action would be taken, and then regard the motion to "recall" as a motion to either reconsider or rescind this decision, but I see no sense in getting into all of that since the motion was withdrawn. None of this matters now.

And yes, next time post your questions as a new topic. :)

Thank you foe your time.  None of it matters is correct, at least officially and legally maybe. however it matters in the sense that the citizens don't like the "game" that is being played with their lives and money.  The area involved is considered an economically depressed area in Texas. that makes it matter even less to those not affected.  Thanks again for your patience with a novice at this, I can use the computer some,j most don't have one and certainly have difficulty using and expressing themselves on it. Keep up your good work.

 

 

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