firefighter44 Posted February 22, 2019 at 12:06 AM Report Share Posted February 22, 2019 at 12:06 AM As a board we have a statement that says we follow Roberts Rules of order. We have nothing in are bylaws that says we can vote by email. We have a board member that some want removed from the board. (the only thing are bylaws say is it has to be a 3/4 vote from current board members) in a nut shell in email voting even allowed? I can go in to more detail if needed. but there is a push from a few to get this done fast. I don't like it because it doesn't give the person being removed a chance to explain the actions. Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 22, 2019 at 12:12 AM Report Share Posted February 22, 2019 at 12:12 AM 3 minutes ago, firefighter44 said: We have nothing in are bylaws that says we can vote by email....in a nut shell in email voting even allowed? No. See RONR pp. 423-424. Quote Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted February 22, 2019 at 12:17 AM Report Share Posted February 22, 2019 at 12:17 AM Any use of electronic methods of meeting or voting must be authorized in an organization's bylaws. If you need more details about the ins and outs of that, let us know. But the basic answer given what you have said is no. One caveat, Some state laws require allowing electronic voting in non-profit corporations. And we don't comment on legal matters here, except to note that state law takes precedence over Robert's Rules. Quote Link to comment Share on other sites More sharing options...
firefighter44 Posted February 22, 2019 at 12:20 AM Author Report Share Posted February 22, 2019 at 12:20 AM Thanks for the answers. we are a non-profit 501c3 Do you know that States the require allowing electronic voting? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 22, 2019 at 12:24 AM Report Share Posted February 22, 2019 at 12:24 AM 2 minutes ago, firefighter44 said: Do you know that States the require allowing electronic voting? No, I'm sorry but we do not have that information and it is outside the scope of this forum Quote Link to comment Share on other sites More sharing options...
Nathan Zook Posted February 22, 2019 at 03:02 AM Report Share Posted February 22, 2019 at 03:02 AM 2 hours ago, firefighter44 said: ... We have a board member that some want removed from the board. (the only thing are bylaws say is it has to be a 3/4 vote from current board members) ... I don't like it because it doesn't give the person being removed a chance to explain the actions. And RONR 11th Ed, chapter XX goes into a lot of detail regarding the proper procedure for removal. But it is entirely possible that your bylaws bypass that procedure depending on the exact wording. Please post the exact wording of your bylaws as they relate to the removal process. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 22, 2019 at 03:12 AM Report Share Posted February 22, 2019 at 03:12 AM 3 hours ago, firefighter44 said: As a board we have a statement that says we follow Roberts Rules of order. We have nothing in are bylaws that says we can vote by email. We have a board member that some want removed from the board. (the only thing are bylaws say is it has to be a 3/4 vote from current board members) in a nut shell in email voting even allowed? I can go in to more detail if needed. but there is a push from a few to get this done fast. I don't like it because it doesn't give the person being removed a chance to explain the actions. 6 E-mail voting is prohibited by RONR. So, if your bylaws don't authorize it, it can't happen. Quote Link to comment Share on other sites More sharing options...
Betsy Barber Posted April 2, 2019 at 08:46 PM Report Share Posted April 2, 2019 at 08:46 PM On 2/21/2019 at 7:17 PM, Greg Goodwiller said: Any use of electronic methods of meeting or voting must be authorized in an organization's bylaws. If you need more details about the ins and outs of that, let us know. But the basic answer given what you have said is no. One caveat, Some state laws require allowing electronic voting in non-profit corporations. And we don't comment on legal matters here, except to note that state law takes precedence over Robert's Rules. I wish I could get the rest of my Board to understand your 2nd sentence, 2nd paragraph. NC statutes state that electronic voting can be approved in 3 ways - Art. of Incorp, OR Bylaws OR by action of the Board of Directors. Since our Bylaws are pre-email, they don't mention electronic anything. Some Board members & general membership believe that since email voting is not mentioned, we can't do it. On electronic communication, the NC laws don't even say, "Unless the Bylaws say otherwise..." (55A-7-08 & 55A-1-70) Once I was appointed Secretary 3 years ago, the Board was on board with me sending out agendas, requests for votes, budgets & financial statements. I didn't realize an official motion had to be made to do so because a) I'd never heard of Roberts Rules and b) I'd never dug into the NC statutes. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted April 2, 2019 at 08:56 PM Report Share Posted April 2, 2019 at 08:56 PM 3 minutes ago, Betsy Barber said: .... believe that since email voting is not mentioned, we can't do it. Bank robbing probably is not mentioned in your bylaws, either, and I suspect there is general agreement that you can't do that either. Ask a lawyer about the NC statutes "permission" to use e-mail and how to implement it. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted April 2, 2019 at 09:13 PM Report Share Posted April 2, 2019 at 09:13 PM 16 minutes ago, jstackpo said: Bank robbing probably is not mentioned in your bylaws, either, and I suspect there is general agreement that you can't do that either. Well, true, but RONR doesn't say anything about bank robbing, while it does say that email voting needs to be authorized in the bylaws. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted April 2, 2019 at 09:19 PM Report Share Posted April 2, 2019 at 09:19 PM I am sure the "Over the Hill Gang" (see the splendid Robert Redford movie "Old Man With a Gun") did authorize bank robbing it its bylaws (e-mail probably not). Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted April 2, 2019 at 09:24 PM Report Share Posted April 2, 2019 at 09:24 PM Great movie. Quote Link to comment Share on other sites More sharing options...
Mike Phillips Posted April 19, 2019 at 02:36 PM Report Share Posted April 19, 2019 at 02:36 PM On 4/2/2019 at 4:56 PM, jstackpo said: Bank robbing probably is not mentioned in your bylaws, either, and I suspect there is general agreement that you can't do that either. That's a keeper, right there! Quote Link to comment Share on other sites More sharing options...
jstackpo Posted April 19, 2019 at 02:51 PM Report Share Posted April 19, 2019 at 02:51 PM But... there is nothing in RONR that precludes making and adopting a motion proposing to do an illegal act - only procedural laws are improper to contravene. Quote Link to comment Share on other sites More sharing options...
Recommended Posts