E-Board call for a Vote

[Guest Mike F]

Hi all,

As a small local (50 total) our 7 member E-Board has in its bylaws the ability to vote to have a "special meeting" for a single topic.  At our previous week's meeting, this topic was discussed at length, and no motion to vote was called by members.  With this matter being time sensitive, a week later our E-Board voted amongst themselves to not have a special meeting, but hold a department wide vote allowing each member to vote yea/nay on said topic.  This was decided by our E-Board to be the best avenue since it allowed each member a voice and did so in a timely manner rather than posting a special meeting and waiting 7 days. 

Is there anything in Robert's Rules that speaks to this procedure, our bylaws do not have anything. 

Thank you for any help,

Mike

[Joshua Katz]

RONR doesn't authorize anything similar to that; this whole procedure of the board being able to call a membership meeting is a creature of your bylaws. Since your bylaws, it seems, also do not authorize the board to call for a department-wide vote, it seems the board is not authorized to do so, unless there is a statute authorizing it.

[Gary Novosielski]

On 2/21/2024 at 2:41 PM, Guest Mike F said:

Hi all,

As a small local (50 total) our 7 member E-Board has in its bylaws the ability to vote to have a "special meeting" for a single topic.  At our previous week's meeting, this topic was discussed at length, and no motion to vote was called by members.  With this matter being time sensitive, a week later our E-Board voted amongst themselves to not have a special meeting, but hold a department wide vote allowing each member to vote yea/nay on said topic.  This was decided by our E-Board to be the best avenue since it allowed each member a voice and did so in a timely manner rather than posting a special meeting and waiting 7 days. 

Is there anything in Robert's Rules that speaks to this procedure, our bylaws do not have anything. 

Thank you for any help,

Mike

Yes, RONR speaks to such a procedure by prohibiting it, unless otherwise provided in the bylaws.   The rules in RONR prohibit conducting business, except at a properly called or regularly scheduled meeting at which a quorum is present, i.e. together physically in the same space.

[Josh Martin]

On 2/21/2024 at 1:41 PM, Guest Mike F said:

Is there anything in Robert's Rules that speaks to this procedure, our bylaws do not have anything. 

Could you clarify what you mean by "our bylaws do not have anything"? Are you saying that your bylaws do not authorize a "department wide vote allowing each member to vote yea/nay on said topic" at all? Or are you saying they do authorize this, but provide no details on how the process works?

If the former, I concur with my colleagues. Unless the bylaws or applicable law provide otherwise, votes may only be held at a properly called or regularly scheduled meeting at which a quorum is present.

If the latter, however, RONR may provide some assistance. See RONR (12th ed.) 45:57-61.

Finally, the reference to a "small local" makes me wonder if this is a union. Unions tend to be heavily regulated by applicable law, and such laws will take precedence over RONR. If that is the case, I would advise directing your questions on this matter to legal counsel.

Edited February 22, 2024 at 06:13 PM by Josh Martin