CornelR Posted March 28, 2022 at 08:49 PM Report Share Posted March 28, 2022 at 08:49 PM A group is struggling with a derelict chair. They have followed their bylaws requiring one third of the members to petition the chair for a special meeting. The chair will not call the meeting. There is no Vice Chairman and the secretary is gone. Can the treasurer as the next in line officer call this meeting? Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted March 28, 2022 at 11:36 PM Report Share Posted March 28, 2022 at 11:36 PM On 3/28/2022 at 4:49 PM, CornelR said: hey have followed their bylaws requiring one third of the members to petition the chair for a special meeting. What do the bylaws say about it? Quote Link to comment Share on other sites More sharing options...
CornelR Posted March 28, 2022 at 11:54 PM Author Report Share Posted March 28, 2022 at 11:54 PM (edited) The bylaws require 1/3 of the membership to request a special meeting which the chair is then required to call. They have exceeded the requirement but she will not call the meeting. The bylaws do not address multiple officers missing in action. Edited March 29, 2022 at 12:17 AM by CornelR Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 29, 2022 at 12:50 AM Report Share Posted March 29, 2022 at 12:50 AM The chair is derelict in her duty to call the special meeting, as the bylaws apparently require. A disciplinary procedure can be initiated by means of a main motion. Quote Link to comment Share on other sites More sharing options...
CornelR Posted March 29, 2022 at 12:53 AM Author Report Share Posted March 29, 2022 at 12:53 AM On 3/28/2022 at 5:50 PM, Rob Elsman said: The chair is derelict in her duty to call the special meeting, as the bylaws apparently require. A disciplinary procedure can be initiated by means of a main motion. Understood. What they are asking is how to call the special meeting in the first place. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 29, 2022 at 01:02 AM Report Share Posted March 29, 2022 at 01:02 AM Someone can draft a letter ordering the president to call the special meeting when and where to handle such and such business. One third of the members need to sign the letter. The letter is then sent to the president with a copy sent to the secretary for the correspondence file. The president then gives the secretary a call of the meeting, which the secretary copies and sends to all the members at the expense of the society. That's it. Quote Link to comment Share on other sites More sharing options...
CornelR Posted March 29, 2022 at 01:05 AM Author Report Share Posted March 29, 2022 at 01:05 AM On 3/28/2022 at 6:02 PM, Rob Elsman said: Someone can draft a letter ordering the president to call the special meeting when and where to handle such and such business. One third of the members need to sign the letter. The letter is then sent to the president with a copy sent to the secretary for the correspondence file. The president then gives the secretary a call of the meeting, which the secretary copies and sends to all the members at the expense of the society. That's it. That's the rub. This has been done and the chair will not call the meeting. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 29, 2022 at 01:12 AM Report Share Posted March 29, 2022 at 01:12 AM We are going around and around. Read my previous reply. At the next regularly scheduled meeting, introduce a motion or resolution initiating a disciplinary procedure. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 29, 2022 at 11:13 AM Report Share Posted March 29, 2022 at 11:13 AM On 3/28/2022 at 3:49 PM, CornelR said: A group is struggling with a derelict chair. They have followed their bylaws requiring one third of the members to petition the chair for a special meeting. The chair will not call the meeting. There is no Vice Chairman and the secretary is gone. Can the treasurer as the next in line officer call this meeting? On 3/28/2022 at 6:54 PM, CornelR said: The bylaws require 1/3 of the membership to request a special meeting which the chair is then required to call. They have exceeded the requirement but she will not call the meeting. The bylaws do not address multiple officers missing in action. Based upon the facts presented, I don't think the Treasurer can call the special meeting. If the bylaws provide that the chair calls the special meeting, the chair calls the special meeting. As a parliamentary matter, the solution to this problem would be to get a new chair, but if the chair refuses to call a special meeting, that will need to wait until the next regular meeting. It may also be desirable to consult an attorney to see if there is any legal recourse available. Quote Link to comment Share on other sites More sharing options...
CornelR Posted March 29, 2022 at 12:30 PM Author Report Share Posted March 29, 2022 at 12:30 PM Thank you for all the help on this issue. Quote Link to comment Share on other sites More sharing options...
Tomm Posted March 30, 2022 at 05:30 PM Report Share Posted March 30, 2022 at 05:30 PM On 3/29/2022 at 4:13 AM, Josh Martin said: Based upon the facts presented, I don't think the Treasurer can call the special meeting. If the bylaws provide that the chair calls the special meeting, the chair calls the special meeting. As a parliamentary matter, the solution to this problem would be to get a new chair, but if the chair refuses to call a special meeting, that will need to wait until the next regular meeting. At the next regular meeting can the motion be made to suspend the rules and appoint another person to chair the meeting. That new chair person can then set the time and place for a special meeting to discipline the derelict chairperson? Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 30, 2022 at 05:40 PM Report Share Posted March 30, 2022 at 05:40 PM No, Tomm. Quote Link to comment Share on other sites More sharing options...
Tomm Posted March 30, 2022 at 05:53 PM Report Share Posted March 30, 2022 at 05:53 PM On 3/30/2022 at 10:40 AM, Rob Elsman said: No, Tomm. Could you please elaborate a little as to why? (62:12 & footnote 5) Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted March 30, 2022 at 06:10 PM Report Share Posted March 30, 2022 at 06:10 PM On 3/30/2022 at 12:30 PM, Tomm said: At the next regular meeting can the motion be made to suspend the rules and appoint another person to chair the meeting. That new chair person can then set the time and place for a special meeting to discipline the derelict chairperson? A motion can be made to Suspend the Rules and appoint another person to chair the meeting, however, that person does not assume the authority to call a special meeting. A temporary presiding officer only assumes the authority of the chair in regard to presiding, and does not assume any additional authority the bylaws grant to the office. See Official Interpretation 2006-2. The assembly can, however, set an adjourned meeting (or maybe a special meeting - see below) for the purposes of disciplining the chairman. Depending upon the assembly's rules, it may also be possible to discipline the chair at that meeting rather than holding a separate meeting for the purpose. The reason I say that the assembly can maybe call a special meeting is because there is one very limited circumstance in which the assembly itself can call a special meeting (even if not authorized to do so by the bylaws), and that may be applicable here, depending upon whether formal disciplinary procedures are required. "Special meetings can properly be called only (a) as authorized in the bylaws (see 56:36); or (b) when authorized by the assembly itself, as part of formal disciplinary procedures, for purposes of conducting a trial and determining a punishment (see 63:21n9)." RONR (12th ed.) 9:14 Quote Link to comment Share on other sites More sharing options...
Tomm Posted March 30, 2022 at 06:20 PM Report Share Posted March 30, 2022 at 06:20 PM On 3/30/2022 at 11:10 AM, Josh Martin said: it may also be possible to discipline the chair at that meeting rather than holding a separate meeting for the purpose. Can the pro-tem chair declare a committee of the whole and proceed with disciplinary actions? Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted March 31, 2022 at 12:52 AM Report Share Posted March 31, 2022 at 12:52 AM No, Tomm. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 31, 2022 at 06:50 AM Report Share Posted March 31, 2022 at 06:50 AM On 3/30/2022 at 2:20 PM, Tomm said: Can the pro-tem chair declare a committee of the whole and proceed with disciplinary actions? No, and No. Quote Link to comment Share on other sites More sharing options...
Tomm Posted March 31, 2022 at 01:50 PM Report Share Posted March 31, 2022 at 01:50 PM On 3/30/2022 at 11:10 AM, Josh Martin said: A temporary presiding officer only assumes the authority of the chair in regard to presiding, If the temporary presiding officer can only preside over the meeting because he has no additional authorities, then can a member of the assembly make a motion to go forward with other items? The temporary chair would then only be presiding over those procedures? Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 31, 2022 at 02:31 PM Report Share Posted March 31, 2022 at 02:31 PM On 3/31/2022 at 9:50 AM, Tomm said: If the temporary presiding officer can only preside over the meeting because he has no additional authorities, then can a member of the assembly make a motion to go forward with other items? The temporary chair would then only be presiding over those procedures? If you wish to keep pursuing this, please start your your own topic. Quote Link to comment Share on other sites More sharing options...
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