Board override of President cancelling meeting

[J. J.]

On 1/20/2022 at 2:24 PM, Dan Honemann said:

What do you mean by this? RONR (12th ed.) grants the chairman of a committee the authority to call meetings by saying that he "should" do so (50:21-22). This is not at all the same thing as authorizing him not to do so. 

RONR tells us that It is the responsibility of the person or persons calling a committee meeting to ensure that reasonable notice of its time and place is sent to every committee member. This is why I said that, in the instances referred to in 50:21-22, I thought that the chair would have the right to cancel any meeting called by him or her provided that reasonable notice of the cancellation is given to all members. 

But it remains an open question as to whether or not a properly called meeting can be cancelled at all. My distinguished colleague has pointed out that no provision in RONR allows for "uncalling" a meeting that has already been properly called, and it may well be that it is correct to say that it can't be done.  

 

The "uncalling" is implied, IMO. 

An assembly may call meetings by adopting a resolution to schedule meetings (absent some other rule).  It certainly can "uncall" one or a series of meetings so scheduled.  It must do so without violating absentee rights.  I do not see any difference if the authority to call is from a group of members or an officer.

[Rob Elsman]

On 1/20/2022 at 1:46 PM, J. J. said:

The "uncalling" is implied, IMO. 

Are you reading the guts and calling upon the "spirit"?

[Dan Honemann]

On 1/20/2022 at 2:46 PM, J. J. said:

The "uncalling" is implied, IMO. 

An assembly may call meetings by adopting a resolution to schedule meetings (absent some other rule).  It certainly can "uncall" one or a series of meetings so scheduled.  It must do so without violating absentee rights.  I do not see any difference if the authority to call is from a group of members or an officer.

According to 1:7, the call of a meeting is "a written notice of its time and place that is sent to all members of the organization a reasonable time in advance."  I doubt that the adoption of a resolution scheduling future meetings meets this definition, but I do agree that the unexecuted part of any such resolution can be rescinded or amended.

[J. J.]

On 1/20/2022 at 4:15 PM, Dan Honemann said:

According to 1:7, the call of a meeting is "a written notice of its time and place that is sent to all members of the organization a reasonable time in advance."  I doubt that the adoption of a resolution scheduling future meetings meets this definition, but I do agree that the unexecuted part of any such resolution can be rescinded or amended.

There is a difference between notice and the ability to schedule a meeting.  That is why you see me refer to absentee rights.

When the bylaws give the ability to an officer or some individual members to call a meeting, it is a full grant of the ability to determine when and where that meeting will take place.  That grant is limited only by a requirement of notice; the meeting can happen at anytime and anyplace as provided for in the notice.  That ability does not end when the notice is sent but only when there can be no further notice given.  If there is still time for proper notice to be given then the time and place of the meeting., including no time or no place, can be given. 

To give an example, the bylaws permit the president to call special meetings with 30 days notice.  On February 15, the president calls a special meeting to consider Motion A on May 1, at noon, at the St. Clair Hotel.  Notice is sent.

1.  On March 1, the President determines that Motion B will need to be considered at this meeting.  I would see no problem with sending out additional notice that Motion B would be considered at this meeting. 

2.  On March 5, a tornado hit the St. Clair Hotel (which actually happened to a client).  By March 10, the president secures the Molari Inn, but can only get the room at 6:00 PM.  I would see no problem with the president sending out additional notice for the new location ad time of the meeting. 

There is no tornado and no Motion B.  The president determines that Motion A does not need a special meeting.  I would see no difference between the president sending out notice on March 15 that the meeting will not be held and making the changes in #1 or #2.

In other words, I think your initial instincts were correct.  So long as that notice period is met, it is acceptable for the authority that called the meeting to cancel it with notice. 

[Dan Honemann]

On 1/20/2022 at 5:28 PM, J. J. said:

In other words, I think your initial instincts were correct.  So long as that notice period is met, it is acceptable for the authority that called the meeting to cancel it with notice. 

Well, you know what they say about broken clocks and blind squirrels.  🙂

[Gary Novosielski]

On 1/20/2022 at 7:23 PM, Dan Honemann said:

Well, you know what they say about broken clocks and blind squirrels.  🙂

Both can occasionally find a nut, and are right twice a day.

[J. J.]

On 1/21/2022 at 10:46 AM, Gary Novosielski said:

Both can occasionally find a nut, and are right twice a day.

Not if the hands of the clock have fallen off.  //content.invisioncic.com/r127373/emoticons/default_smile.png

A bit more seriously, it may be better to look at the question as relating to a function of notice and of the calling authority's abilities relating to what can be scheduled.