Procedure for stopping a vote

[Guest Forest man]

I'm on the Board of a Neighborhood Organization, and our current President is insisting on assembling a Nominating Committee by herself, when our Bylaws specifically state that a Nominating Committee is appointed by the Board of Directors, not the President alone. She will be bringing her Committee selection to a vote at the next Board meeting. Is there a procedure in Robert's Rules to stop a vote from coming to the floor when it is in violation of our Bylaws?

 

[Atul Kapur]

Well, if she brings it to a vote at the board meeting, then the board is making the decision. What the president is doing is nominating the members of the committee. When she brings the motion to the board meeting, the board has the opportunity to amend the motion.

So I don't see the violation of your bylaws.

[Richard Brown]

Raise the point of order that the bylaws provide that the nominating committee is to be elected by the entire board and not appointed by the president. If she ruled your Point of Order not well taken, appeal her ruling to the assembly. An appeal requires a second. It requires a majority vote of the assembly to overturn her ruling. Her ruling is sustained on a tie vote.

Edited to add: if she is saying there  will be a vote on accepting   her nominees/appointments to the nominating committee, then I agree with Dr. Kapur that what she is possibly doing is simply nominating those members. The other members of the board are free to nominate other members. She does not have the right to insist on her nominees being the only ones that are considered

Edited September 6, 2020 at 09:33 PM by Richard Brown
Added last paragraph

[Richard Brown]

Guest Forest man, I don’t have RONR in front of me to give you the citation, but you might point out to her that RONR says explicitly that the president should have nothing to do with appointing the nominating committee. I’m sure someone else will give you the citation

[Rob Elsman]

Yes, I agree with the others that her assemblage does not prevent the board from electing others.

[Atul Kapur]

1 hour ago, Richard Brown said:

Guest Forest man, I don’t have RONR in front of me to give you the citation, but you might point out to her that RONR says explicitly that the president should have nothing to do with appointing the nominating committee. I’m sure someone else will give you the citation

RONR (12th ed.) 46:10 says, "Designation of the nominating committee. The nominating committee should be elected by the organization wherever possible, or else by its executive board. Although in organizing a new society it may be feasible for the chair to appoint the nominating committee, in an organized society the president should not appoint this committee or be a member of it—ex officio or otherwise."

Note that this is advisory ("should not") rather than a rule. And if the OP's president is proposing to have the board vote on the nominating committee, then she is following the letter of this advice.