BabbsJohnson Posted June 30, 2019 at 03:21 PM Report Share Posted June 30, 2019 at 03:21 PM (edited) Once a meeting begins, under what circumstances can one make a motion? Does the ability to make a motion dependi on what is on the agenda? Can a motion be made about the meeting contents before the meeting begins? Edited June 30, 2019 at 04:13 PM by .oOllXllOo. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted June 30, 2019 at 04:48 PM Report Share Posted June 30, 2019 at 04:48 PM 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 The rules in RONR are superseded by such legislation. Quote Link to comment Share on other sites More sharing options...
BabbsJohnson Posted June 30, 2019 at 04:58 PM Author Report Share Posted June 30, 2019 at 04:58 PM (edited) 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 The rules in RONR are superseded by such legislation.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 June 30, 2019 at 04:59 PM by .oOllXllOo. typo Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted June 30, 2019 at 05:10 PM Report Share Posted June 30, 2019 at 05:10 PM Do you remember the famous Abbott and Costello routine, "Who's on First?"? These sound like questions you should ask an attorney. Quote Link to comment Share on other sites More sharing options...
BabbsJohnson Posted June 30, 2019 at 06:53 PM Author Report Share Posted June 30, 2019 at 06:53 PM 1 hour ago, Atul Kapur said: Do you remember the famous Abbott and Costello routine, "Who's on First?"? These sound like questions you should ask an attorney. Actually I think I figured out a tidy solution that doesn’t dip into RONR or meeting law considerations. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 30, 2019 at 09:33 PM Report Share Posted June 30, 2019 at 09:33 PM 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. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted June 30, 2019 at 09:56 PM Report Share Posted June 30, 2019 at 09:56 PM 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. Quote Link to comment Share on other sites More sharing options...
BabbsJohnson Posted June 30, 2019 at 10:13 PM Author Report Share Posted June 30, 2019 at 10:13 PM 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. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted July 3, 2019 at 05:12 PM Report Share Posted July 3, 2019 at 05:12 PM No. Keeping silent during the meeting might imply consent. Quote Link to comment Share on other sites More sharing options...
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