Request that an explanation for a no vote be added to the minutes

[Guest Mike McKinley]

I've read and re-read the 11th edition of Robert's Rules of Order Newly Revised and cannot defend my position that I want an explanation of why I voted against a passed motion included in the minutes.  (I guess something akin to a Supreme Court Judge's dissenting opinion).  I fully understand that I can have my dissenting vote noted, but need backup to include the reason(s). Thanks for any help.

[Josh Martin]

I've read and re-read the 11th edition of Robert's Rules of Order Newly Revised and cannot defend my position that I want an explanation of why I voted against a passed motion included in the minutes. (I guess something akin to a Supreme Court Judge's dissenting opinion). I fully understand that I can have my dissenting vote noted, but need backup to include the reason(s). Thanks for any help.

You will not find anything in RONR to defend your position. Nothing in RONR requires that such an explanation should be included, and in fact, I'd say most of what's written about the minutes suggests that such an explanation should not be included. You're free to make a request to include this information, but the assembly is not required to grant your request.

Additionally, where do you get your understanding that you can have your dissenting vote noted? Was a roll call vote taken? If not, nothing in RONR would give you a right to have your dissenting vote noted. That would also be a request to the assembly.

[Gödel Fan]

I also don't think a member voting no on a motion is even somewhat akin to a Supreme Court Justice giving a dissenting opinion.  I don't expect, even if the assembly orders the inclusion of such a reason in the minutes (to the chagrin of the parliamentarian and the secretary) that the organization is likely to dig it up decades later and adopt it, as with Justice Holmes, for instance.

[ramsfantwo]

Thanks very much for your input.  I will now put the topic to rest.  I fully understand the roll call voting process even though we did not use the roll call during this vote.  My dissenting vote, however, has been noted and will be noted in the minutes, just not my explanation.  Thanks to both of you, especially Mr. Martin and his professional status.  As a new board member I am trying my best to be with the guidelines of RROONR and will not hesitate to ask after I look for answers in my book.

[Gödel Fan]

Please don't hesitate to ask (although you should always take the word of those with, as you say, professional status, over that of amateurs like me - which reminds me, I need to convince someone to proctor my exam already).

[Richard Brown]

There is a legitimate reason that a director may want his vote noted in the minutes.  This may or may not amount to a directive that a member be able to have his dissenting vote recorded in the minutes, but the corporation laws of some states do contain provisions to the effect that a board member, for example, is relieved of personal liability for an action on he part of the organization if he voted against the measure and had his dissenting vote recorded in the minutes.

 

I believe this is the reason that directors often insist on having their votes noted in the minutes:  They disagree strongly with the motion being considered and believe that adoption of the motion might put both the corporation and themselves at risk financially.

 

In my experience, it's almost always a "no" vote that a member wants recorded, not a yes vote.

[Guest harper]

There is a legitimate reason that a director may want his vote noted in the minutes.  This may or may not amount to a directive that a member be able to have his dissenting vote recorded in the minutes, but the corporation laws of some states do contain provisions to the effect that a board member, for example, is relieved of personal liability for an action on he part of the organization if he voted against the measure and had his dissenting vote recorded in the minutes.

 

I believe this is the reason that directors often insist on having their votes noted in the minutes:  They disagree strongly with the motion being considered and believe that adoption of the motion might put both the corporation and themselves at risk financially.

 

In my experience, it's almost always a "no" vote that a member wants recorded, not a yes vote.

 

For a board meeting (as opposed to a societal meeting), this is a no-brainer if you're dealing anything that has potential legal ramifications - labor issues, disbursements, contracts. It is also a practical matter if the chair or secretary refuses to register a 'no' vote. Two ways to deal with this - and I suspect there may be others - are to find a seconder and move a motion to allow Mr. X to record his 'no' vote. The secretary is required to record the motion, even if it's voted down. If the board member can't find a seconder or the chair disallows the motion, then send a registered letter to the board with a request that the letter be put into the records. Keep your postal receipt and a copy of the letter, and that's probably the best you can do.