Legality of being denied voting on city-appointed board issue

[Guest Aileen]

This is the situation about which I have a question. The Oregon city in which I live formed a Library Advisory Board several years ago. Members are appointed by the City Council. A few years ago I was appointed to the advisory board. The advisory board does not have non-profit status. It does have funds. Some of the funds are from specific grants. Those funds must be spent on the items for which the grant money was given. The board also has funds that were donated to the board to be used at the library. It is up to the discretion of the advisory board as to how the donated funds are spent.

I discovered a few days ago that advisory board funds were used to purchase a particular item. I, a member of that advisory board, was not notified by the chair of the proposal. I was not notified by the chair of any discussion about the expenditure of funds. I was not notified by the chair of any vote about the expenditure of funds. I was denied my voting rights. In my opinion, this conduct on the part of the chair is unacceptable. It may also be illegal.

I tried to find some source that would address this situation, but was unable to do so.

Perhaps someone can provide me with some resource that would address this?

[Guest Who's Coming to Dinner]

Under the rules of order, any action taken at a meeting for which proper notice has not been given is null and void.

Under the public law — you will have to ask a lawyer, as this message board does not give legal advice.

[Richard Brown]

2 hours ago, Guest Aileen said:

 . . .I discovered a few days ago that advisory board funds were used to purchase a particular item. I, a member of that advisory board, was not notified by the chair of the proposal. I was not notified by the chair of any discussion about the expenditure of funds. I was not notified by the chair of any vote about the expenditure of funds. I was denied my voting rights. In my opinion, this conduct on the part of the chair is unacceptable. It may also be illegal. . . .

The expenditure might have been improper (we don't do "legal" here), but not necessarily so.  For example, if a budget to spend up to a certain amount on that type of purchase has been approved, and the expenditure was within those limits, a vote may not have been necessary.  It depends on your governing documents and other rules and any applicable adopted motions.  It is quite common for certain officers and committee chairs to have blanket authority to spend funds without specific approval as long as those expenditures are authorized in the budget or by an appropriate rule.  The purchase of routine office supplies and postage stamps comes to mind.  Does your board vote on EVERY expenditure? 

However, if all such expenditures must be voted on and approved by the board, and the expenditure was made either without a vote or without you having been given proper notice of the meeting at which the vote took place, the expenditure was out of order and would be null and void per RONR.

As already mentioned, since this is likely a "public body", there are probably state and maybe local laws that may be applicable.

[Gary Novosielski]

On 12/7/2018 at 8:58 PM, Guest Aileen said:

This is the situation about which I have a question. The Oregon city in which I live formed a Library Advisory Board several years ago. Members are appointed by the City Council. A few years ago I was appointed to the advisory board. The advisory board does not have non-profit status. It does have funds. Some of the funds are from specific grants. Those funds must be spent on the items for which the grant money was given. The board also has funds that were donated to the board to be used at the library. It is up to the discretion of the advisory board as to how the donated funds are spent.

I discovered a few days ago that advisory board funds were used to purchase a particular item. I, a member of that advisory board, was not notified by the chair of the proposal. I was not notified by the chair of any discussion about the expenditure of funds. I was not notified by the chair of any vote about the expenditure of funds. I was denied my voting rights. In my opinion, this conduct on the part of the chair is unacceptable. It may also be illegal.

I tried to find some source that would address this situation, but was unable to do so.

Perhaps someone can provide me with some resource that would address this?

Was this decision made other than at a valid meeting?  Were you actually denied your rights, or is it possible that a meeting was properly called but you were, for whatever reason, absent?

[Guest Aileen]

On 12/7/2018 at 8:28 PM, Richard Brown said:

The expenditure might have been improper (we don't do "legal" here), but not necessarily so.  For example, if a budget to spend up to a certain amount on that type of purchase has been approved, and the expenditure was within those limits, a vote may not have been necessary.  It depends on your governing documents and other rules and any applicable adopted motions.  It is quite common for certain officers and committee chairs to have blanket authority to spend funds without specific approval as long as those expenditures are authorized in the budget or by an appropriate rule.  The purchase of routine office supplies and postage stamps comes to mind.  Does your board vote on EVERY expenditure? 

However, if all such expenditures must be voted on and approved by the board, and the expenditure was made either without a vote or without you having been given proper notice of the meeting at which the vote took place, the expenditure was out of order and would be null and void per RONR.

As already mentioned, since this is likely a "public body", there are probably state and maybe local laws that may be applicable.

Thank you for your response. The advisory board doesn't have a budget. The advisory board doesn't make routine purchases. It is an advisory board. One thing it does is to decide on how to spend money donated to the board for use in the library. So, yes, it does vote on every expenditure. According to the chair, other members of the board did vote on this particular expenditure. If there was a meeting at which the vote took place, I was not notified. (The chair has repeatedly not given me proper notice of meetings, which is a violation of the City Municipal Code. That is a separate issue.) I understand you can not give legal advice. I didn't ask for that. I will seek legal advice elsewhere.

[J. J.]

1 hour ago, Guest Aileen said:

Thank you for your response. The advisory board doesn't have a budget. The advisory board doesn't make routine purchases. It is an advisory board. One thing it does is to decide on how to spend money donated to the board for use in the library. So, yes, it does vote on every expenditure. According to the chair, other members of the board did vote on this particular expenditure. If there was a meeting at which the vote took place, I was not notified. (The chair has repeatedly not given me proper notice of meetings, which is a violation of the City Municipal Code. That is a separate issue.) I understand you can not give legal advice. I didn't ask for that. I will seek legal advice elsewhere.

It may not be a separate issue.

Strictly referring to RONR, generally, any number of items of business may be adopted  without prior notice.  Unless there was some rule that governs your board, a motion "That we purchase ______" would not require previous notice.  If there was some rule that your society meets on a specific day, and you meet at least quarterly, notice of the meeting is not required by RONR. 

As you are a possibly a public body, there is a likelihood that notice is required by statute.  I previously noted, that is a legal question, and should be referred to an attorney licensed in your state. 

 

[Richard Brown]

On 12/7/2018 at 7:58 PM, Guest Aileen said:

I discovered a few days ago that advisory board funds were used to purchase a particular item. I, a member of that advisory board, was not notified by the chair of the proposal. I was not notified by the chair of any discussion about the expenditure of funds. I was not notified by the chair of any vote about the expenditure of funds. I was denied my voting rights. In my opinion, this conduct on the part of the chair is unacceptable. It may also be illegal.

Guest Eileen, the action may or may not have been proper under RONR . We need more  information  as to the details of the vote to make this purchase. Specifically, we need to know weather this vote took place at a meeting of the board and if so, whether it was a regular meeting or a special meeting. The details concerning this meeting are critical.

For example, if this action took place at a special meeting and you were not given proper notice of that meeting or if this action was not listed as one of the reasons for the special meeting,, then, per RONR, any action taken at that meeting is null and void.

If the action took place at a regular meeting, we need to know how your regular meetings are scheduled and weather notice of each regular meeting must be given. If, for example, your bylaws or governing documents specify a regular meeting date and time, such as the second Monday of each month at 7 p.m., then notice of each meeting may not be required. This will depend upon exactly what your bylaws and other controlling documents and state law provide. If notice of your regular meetings is not required and this action took place at such a regular meeting at which you were absent or happened to have been out of the room, it may well have been proper.

Even if notice of regular meetings is required, RONR does not require that notice of each agenda item be included in the notice. Only notice of the meeting itself need be sent.

Finally, the fact that this board is quite likely a public body and subject to State open meetings law and other laws further complicates things. Those laws generally include specific notice requirements that trump RONR.

Until we have that type of information, we simply cannot tell you whether what happened was proper under the rules in RONR.