Andy Travis Posted October 25, 2016 at 11:52 AM Report Share Posted October 25, 2016 at 11:52 AM Hello, After a motion is adopted can a member make a motion for a roll call vote? I ask because the motion adopted contravened the Bylaws. If the answer is "No", a roll call motion cannot be made after the motion was adopted, is it acceptable to put a note in the minutes that the adoption of the motion contravened the bylaws? Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 25, 2016 at 11:56 AM Report Share Posted October 25, 2016 at 11:56 AM A point of order can be raised that the motion violates the bylaws. The method of voting has nothing to do with it. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted October 25, 2016 at 11:57 AM Report Share Posted October 25, 2016 at 11:57 AM If the motion adopted contravenes the bylaws, then it is null and void, and it doesn't matter at all what method of voting you used. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted October 25, 2016 at 11:58 AM Report Share Posted October 25, 2016 at 11:58 AM Uh oh, I'm going to get my burnt-off ailerons handed to me. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted October 25, 2016 at 02:22 PM Report Share Posted October 25, 2016 at 02:22 PM 2 hours ago, Andy Travis said: ... is it acceptable to put a note in the minutes that the adoption of the motion contravened the bylaws? The minutes are a record of what was done at the meeting. After a point of order is raised at the next meeting, that point of order would be in the minutes for that meeting. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 27, 2016 at 05:40 AM Report Share Posted October 27, 2016 at 05:40 AM On 10/25/2016 at 7:52 AM, Andy Travis said: Hello, After a motion is adopted can a member make a motion for a roll call vote? I ask because the motion adopted contravened the Bylaws. If the answer is "No", a roll call motion cannot be made after the motion was adopted, is it acceptable to put a note in the minutes that the adoption of the motion contravened the bylaws? If a point of order was not (and if not, why not?) raised at the time, and until one is, the assertion that the adopted motion conflicts with the bylaws is merely an unproven conjecture, so no, it would not be appropriate to put that in the minutes. As Mr. H. pointed out, points of order are included in the minutes, as are the rulings of the chair on those points as well as the result of appeals, if any, taken to those rulings. Link to comment Share on other sites More sharing options...
Dan Honemann Posted October 27, 2016 at 11:30 AM Report Share Posted October 27, 2016 at 11:30 AM On 10/25/2016 at 7:52 AM, Andy Travis said: Hello, After a motion is adopted can a member make a motion for a roll call vote? I ask because the motion adopted contravened the Bylaws. If the answer is "No", a roll call motion cannot be made after the motion was adopted, is it acceptable to put a note in the minutes that the adoption of the motion contravened the bylaws? I won't argue with any of the previous responses, but I simply don't understand why it is felt that making a motion to take a roll-call vote after a motion which contravenes the bylaws has been adopted will make that motion any better. The fact is that, if a vote has been taken by any of the regular methods of voting (by voice, by rising, or by show of hands), a motion that the vote be retaken by a roll-call vote is in order if it is made immediately after the chair's announcement of the result of the vote and before any debate or other business has intervened. But why would this help? Link to comment Share on other sites More sharing options...
Andy Travis Posted October 28, 2016 at 12:40 PM Author Report Share Posted October 28, 2016 at 12:40 PM It was thought that by taking a roll call vote would show those members who voted in favor of contravening the bylaws and those that did not. Link to comment Share on other sites More sharing options...
jstackpo Posted October 28, 2016 at 01:41 PM Report Share Posted October 28, 2016 at 01:41 PM I suppose it might, but to what end? Seems to me it would only foment (further) discord. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted October 28, 2016 at 02:03 PM Report Share Posted October 28, 2016 at 02:03 PM And if a majority did not want to go on the record, the motion for a roll call vote would be defeated anyway. Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 28, 2016 at 02:16 PM Report Share Posted October 28, 2016 at 02:16 PM Also, bylaws do not interpret themselves. You could also just be getting people on the record interpreting a bylaw differently. An appeal could also be subject to a vote by roll call, and would be clearer. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 29, 2016 at 01:17 AM Report Share Posted October 29, 2016 at 01:17 AM 12 hours ago, Andy Travis said: It was thought that by taking a roll call vote would show those members who voted in favor of contravening the bylaws and those that did not. It would be better, would it not, to prevent the bylaws from being violated rather than simply to document whose fault it was that they were? That's possible to accomplish with a Point of Order possibly followed by an Appeal, but not by a roll-call. Link to comment Share on other sites More sharing options...
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