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When can one a motion?


BabbsJohnson
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10 minutes ago, Atul Kapur said:

You have told us before that open meeting legislation applies to your organization and that it requires an agenda be published in advance. The rules in RONR are superseded by such legislation.

 

If a board member suspects that a discussion held in Executive Session will be violating state law, can the board member make a motion before discussion gets started that intends to limit discussion to only that which is allowable by law, so that the board member is not put in a position of conflict once a discussion is underway?

Also: If such a discussion occurs, or begins to occur, does the board member have the option of recusing him or herself from the meeting, citing that they do not wish to participate in discussions that seem to be violating state law?

Edited by .oOllXllOo.
typo
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4 hours ago, .oOllXllOo. said:

If a board member suspects that a discussion held in Executive Session will be violating state law, can the board member make a motion before discussion gets started that intends to limit discussion to only that which is allowable by law, so that the board member is not put in a position of conflict once a discussion is underway?

Also: If such a discussion occurs, or begins to occur, does the board member have the option of recusing him or herself from the meeting, citing that they do not wish to participate in discussions that seem to be violating state law?

A motion to follow the rules is pointless and should be ruled frivolous. 

I believe I suggested earlier in this or another thread that your course of action if unlawful discussion begins, is to object by raising a point of order, and ensuring that your objection shows up in the minutes.  Even if the unlawful discussion continues, you should personally be free of any potential trouble, should the board end up disciplined for that.  That is why it is essential to see that your obection is recorded.

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21 minutes ago, Gary Novosielski said:

 I believe I suggested earlier in this or another thread that your course of action if unlawful discussion begins, is to object by raising a point of order, and ensuring that your objection shows up in the minutes.  Even if the unlawful discussion continues, you should personally be free of any potential trouble, should the board end up disciplined for that.  That is why it is essential to see that your obection is recorded.

Often sunshine laws contain provisions to be followed in this situation, and state that compliance keeps liability away. See what your state law says about it.

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36 minutes ago, Gary Novosielski said:

A motion to follow the rules is pointless and should be ruled frivolous. 

I believe I suggested earlier in this or another thread that your course of action if unlawful discussion begins, is to object by raising a point of order, and ensuring that your objection shows up in the minutes.  Even if the unlawful discussion continues, you should personally be free of any potential trouble, should the board end up disciplined for that.  That is why it is essential to see that your obection is recorded.

Does anything change if the unlawful discussion is about me?

Would it not be ok for me to just walk in, and hand a simple statement to the manager and president that says I’m only willing to discuss authorized topics as per law # (etc) during Executive Session?

Trally trying to avoid having to verbalize this.

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