Guest Sasha Posted March 17, 2021 at 03:28 PM Report Share Posted March 17, 2021 at 03:28 PM (edited) We have 2 students reps on a university governance committee that are both sick and want to send a single student to attend a meeting in their place. Is that substitute student allowed to vote on behalf of both reps or would they only be allowed to vote for 1 of the students? Thanks! Edited March 17, 2021 at 10:40 PM by Shmuel Gerber Changed the topic title Quote Link to comment Share on other sites More sharing options...
Guest Sasha Posted March 17, 2021 at 03:30 PM Report Share Posted March 17, 2021 at 03:30 PM I mistyped the subject, it should be proxy voting, not ex-officio voting Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 17, 2021 at 03:31 PM Report Share Posted March 17, 2021 at 03:31 PM Unless the bylaws or governing documents permit substitutions and permit them to vote,, The substitutes cannot vote at all. The rules may be suspended to permit them to make motions and participate in debate, but the rules cannot be suspended to permit nonmembers to vote unless the governing documents permit it. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 17, 2021 at 03:34 PM Report Share Posted March 17, 2021 at 03:34 PM Just now, Guest Sasha said: I mistyped the subject, it should be proxy voting, not ex-officio voting This depends upon your own bylaws and rules. The use of proxies is prohibited by RONR unless the governing documents permit them or the law of the state requires it. Any provisions governing the use of proxies and what a proxy holder may do will have to be determined by your own rules and by the language of the proxies themselves. Quote Link to comment Share on other sites More sharing options...
Guest Sasha Posted March 17, 2021 at 03:45 PM Report Share Posted March 17, 2021 at 03:45 PM Our Constitution does not refer specifically to ex-officio voting it does state that the rules contained in the most recent edition of Robert's Rules of Order shall govern the Council in all cases in which they are applicable and in which they are not inconsistent with the Bylaws. Our Bylaws are silent on this subject. The committee chair that is asking this question serves on a standing committee of our council. In past practice this question has come up to our Speaker of Council and that person made the final decision on whether or not a provy vote was allowed. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted March 17, 2021 at 03:52 PM Report Share Posted March 17, 2021 at 03:52 PM (edited) I understand. However, the rule in RONR is clear: proxies are not permitted unless authorized in the constitution or bylaws or required by state law. RONR §45:56 and 45:70 - 45:71 (12th Ed.) Edited March 17, 2021 at 03:56 PM by Richard Brown Added citation to 45:70 - 45:71 Quote Link to comment Share on other sites More sharing options...
Guest Sasha Posted March 17, 2021 at 04:00 PM Report Share Posted March 17, 2021 at 04:00 PM Our Bylaws are silent on this topic. Our Constitution states that: "The rules contained in the most recent edition of Robert's Rules shall govern the Council in all cases in which they are applicable in and in which they are not inconsistent with the Bylaws and any special rules of order the Council may adopt". The chair that is asking this question is the chair of a standing committee of our Council. I will take your response to mean that proxy voting isn't allowed under Robert's Rules. For past Council meetings voting members have had to submit their request for proxy voting to the Speaker who approves or does not approve the proxy voting. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 17, 2021 at 04:12 PM Report Share Posted March 17, 2021 at 04:12 PM Proxy voting violates a fundamental principle of parliamentary law that voting is limited to members who are actually present in the meeting room or area during a legal meeting. RONR (12th ed.) 45:56. This rule cannot be suspended, so anything to the contrary would have to be provided for in the governing documents. Quote Link to comment Share on other sites More sharing options...
Guest Sasha Posted March 17, 2021 at 04:16 PM Report Share Posted March 17, 2021 at 04:16 PM Thanks so much Richard. The chair has a follow-up question: Can the student attending be viewed as a substitute representative instead of as a vote by proxy? I'm not familiar with a substitute rep and I'm assuming that they would not be entitled to a vote either? Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 17, 2021 at 04:17 PM Report Share Posted March 17, 2021 at 04:17 PM If the bylaws provide for alternate members, they are allowed; otherwise, not. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted March 17, 2021 at 04:58 PM Report Share Posted March 17, 2021 at 04:58 PM 40 minutes ago, Guest Sasha said: Can the student attending be viewed as a substitute representative instead of as a vote by proxy? I'm not familiar with a substitute rep and I'm assuming that they would not be entitled to a vote either? I believe that was covered by this answer: 1 hour ago, Richard Brown said: The substitutes cannot vote at all. The rules may be suspended to permit them to make motions and participate in debate, but the rules cannot be suspended to permit nonmembers to vote unless the governing documents permit it. Quote Link to comment Share on other sites More sharing options...
Guest Sasha Posted March 17, 2021 at 05:21 PM Report Share Posted March 17, 2021 at 05:21 PM Thanks very much everyone! That was very helpful. Quote Link to comment Share on other sites More sharing options...
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