Guest mary d Posted January 2, 2023 at 07:42 PM Report Share Posted January 2, 2023 at 07:42 PM I am looking for examples of how to phrase, and information on the rules governing, a motion to suspend a procedure contained within a by law that makes provisions for the temporary suspension of any procedure it contains (with a majority of the vote)? At issue is a rule that vacant council seats will be filled by appointment that we want to temporarily suspend to allow for a by-election instead. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted January 2, 2023 at 08:10 PM Report Share Posted January 2, 2023 at 08:10 PM I move to suspend all rules in the bylaws preventing the filling of the vacant council seat by a by-election. Does it say a majority vote? The default rule is 2/3, or a majority with previous notice, or a majority of the entire membership, to suspend the rules in this circumstance. Be aware that there may be legal requirements at issue here as well if this a public body or HOA. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 3, 2023 at 03:56 AM Report Share Posted January 3, 2023 at 03:56 AM On 1/2/2023 at 2:42 PM, Guest mary d said: I am looking for examples of how to phrase, and information on the rules governing, a motion to suspend a procedure contained within a by law that makes provisions for the temporary suspension of any procedure it contains (with a majority of the vote)? At issue is a rule that vacant council seats will be filled by appointment that we want to temporarily suspend to allow for a by-election instead. " I move to suspend the rules and hold a by-election for the vacant council seats...". I'm not sure if that majority of the vote is in the bylaws, or is your question. If the rules in RONR apply, suspension of the rules requires a two-thirds vote. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 3, 2023 at 03:58 AM Report Share Posted January 3, 2023 at 03:58 AM On 1/2/2023 at 3:10 PM, Joshua Katz said: I move to suspend all rules in the bylaws preventing the filling of the vacant council seat by a by-election. Does it say a majority vote? The default rule is 2/3, or a majority with previous notice, or a majority of the entire membership, to suspend the rules in this circumstance. Be aware that there may be legal requirements at issue here as well if this a public body or HOA. I would note that the suggested motion might suspend the rules, but would fail to actually institute the by-election. Quote Link to comment Share on other sites More sharing options...
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