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Guest Randall

Voting status...Urgent Help Needed Please

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Guest Randall

If the voting privileges President of a non-profit have been suspended due to a prior board meeting vote can they 1) bring a motion and 2) vote on the motion?

Thank you

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14 minutes ago, Guest Randall said:

If the voting privileges President of a non-profit have been suspended due to a prior board meeting vote can they 1) bring a motion and 2) vote on the motion?

Thank you

 

The ability to vote can only be limited by disciplinary action or by some action of the bylaws.  You will need to explain how this suspension occurred. 

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Guest Randall

The privileges were suspended due to a disciplinary action as the result of an altercation between 2 board members on the property.  The board voted to suspend voting of both members until after our next quarterly meeting when we would revisit the situation.  The President has called a special meeting tonight with no written agenda.  Can he make a motion to be reinstated and vote on that question during this meeting?  Thank you

 

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A special meeting can take up only the business specified in the call to the meeting  --  RONR, p. 91ff.  Do your bylaws authorize special meetings?

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Guest Randall

Special Meetings.  The President, or two-thirds (2/3) of the Directors may request a special meeting of the Board Directors.  In such event, the President shall designate the time and place for the meeting and the Secretary shall give notice to all Directors at least seven (7) days prior to the meeting, unless waived in writing by all of the Directors.

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Oh...Kay...  What you said earlier ("tonight with no written agenda") sure implies that the notice (whatever it was -- how did you learn about the meeting?) didn't contain full (or any?) information about the matter(s) to be considered.  Should be a real short meeting.

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Guest Randall

Our rules don't say it, but the President and another board member have stated that it is required by RONR, hence reason why I mention it.  

I still need help with the President being suspended from voting and making a motion and him voting on it.

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1 hour ago, Guest Randall said:

The privileges were suspended due to a disciplinary action as the result of an altercation between 2 board members on the property.  The board voted to suspend voting of both members until after our next quarterly meeting when we would revisit the situation.

Do your bylaws have rules governing discipline? What was the full procedure for this - was there simply a motion and vote to suspend them, or were there procedures leading up to it?

1 hour ago, Guest Randall said:

The President has called a special meeting tonight with no written agenda.

Did the notice of the meeting include the business to be considered at the meeting?

The President is mistaken in his claim that RONR requires an agenda. They may be thinking of the requirement that the call of a special meeting must include the business to be considered.

Edited by Josh Martin

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2 hours ago, Guest Randall said:

The privileges were suspended due to a disciplinary action as the result of an altercation between 2 board members on the property.  The board voted to suspend voting of both members until after our next quarterly meeting when we would revisit the situation.  The President has called a special meeting tonight with no written agenda.  Can he make a motion to be reinstated and vote on that question during this meeting?  Thank you

 

Do the bylaws give the board the authority to suspend members?

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1 hour ago, Guest Randall said:

No, The bylaws only address minimum number, adding or removing members.

It would be necessary to see you bylaws in full, but unless the board has the authority to suspend its own members, or it constitutes the only assembly within this organization, it cannot suspend a member; the maximum penalty would be to remove a member from the meeting where the disorder occurred  (p. 486, ll. 19-25).

The suspensions may be null and void. 

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Guest Randall

Do you want to see the full bylaws?  I really don't want to post to the whole forum, but I'm willing to send to a few folks if it would help.

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Guest Randall

I prefer not to post the whole document on the forum, but I would be willing to send to a few folks to review if it would help.

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7 minutes ago, Guest Randall said:

I prefer not to post the whole document on the forum, but I would be willing to send to a few folks to review if it would help.

I don't know that it is necessary to post the entire bylaws.  The issue, as I believe J.J. stated, is whether your bylaws give the board the authority to "suspend" members or remove their voting rights and whether the proper procedures were followed.

RONR has an entire chapter (Chapter XX) of 26 pages on disciplinary procedures.  it can get very complicated.

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9 minutes ago, Guest Randall said:

Do you want to see the full bylaws?  I really don't want to post to the whole forum, but I'm willing to send to a few folks if it would help.

You are basically moving beyond the scope of this site  when you get into the bylaws.

Because this mainly deal with your bylaws, I would suggest that you contact either or both:

National Association of Parliamentarians
213 South Main Street
Independence, MO 64050

Office: 816-833-3892
Toll Free: 888-627-2929
Email: hq@nap2.org

American Institute of Parliamentarians
618 Church Street
Suite 520
Nashville, TN 37219

Toll-free: 888-664-0428
Fax: 615-248-9523
Email: aip@aipparl.org

.  Please do not post the bylaws.

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Guest Randall

Ok, that you for all your guidance in this matter.  Yes, it is very complicated and am looking for clarity.  I will reach out to the resources you have provided.

Many thanks!

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