Tomm Posted August 19, 2019 at 09:14 PM Report Share Posted August 19, 2019 at 09:14 PM If an emergency motion was passed to hire a contractor to make immediately needed repairs when a quorum wasn't present and the motion was never ratified. The repair job went badly. Are all the members of that meeting personally responsible/liable or only those who voted in favor of the motion? Quote Link to comment Share on other sites More sharing options...
Weldon Merritt Posted August 19, 2019 at 09:32 PM Report Share Posted August 19, 2019 at 09:32 PM Or whoever actually authorized the contractor to do the work? This ultimately is a legal question. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted August 19, 2019 at 10:01 PM Report Share Posted August 19, 2019 at 10:01 PM (edited) 49 minutes ago, Tomm said: If an emergency motion was passed to hire a contractor to make immediately needed repairs when a quorum wasn't present and the motion was never ratified. The repair job went badly. Are all the members of that meeting personally responsible/liable or only those who voted in favor of the motion? As a parliamentary and practical matter, I would say that only those who voted in favor of the motion, and possibly also those who abstained, are responsible. I would not say that those who voted against the motion are responsible. After all, those who voted against the motion did not decide to spend the funds - they explicitly voted not to do so. To suggest that anyone who is present is responsible in such circumstances would seem to lead to absurd results, as it would require persons who do not support the motion to run out of the room in order to avoid being deemed “responsible.” I would also say that persons who assisted in actually carrying out the motion (such as hiring and paying the contractor) are clearly responsible, regardless of how those persons voted on the motion or whether they were present at the time. ”Liability” is a legal term, however, so questions regarding which persons are liable is a question for an attorney. Edited August 19, 2019 at 10:03 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Guest Zev Posted August 20, 2019 at 12:59 AM Report Share Posted August 20, 2019 at 12:59 AM Even at this late date, unless the assembly has already voted to deal with this issue, it is still possible to request that the assembly ratify the motion and thereby assume the cost. Its a long shot but still possible. Quote Link to comment Share on other sites More sharing options...
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