Obligation to inform members

[Guest Kim Goldsworthy]

Betty,

>>[board] bypasses the committee, which had no opportunity for input or discussion with the general membership.<<

. . .

>>Can the results of the ballot be invalidated?<<

kg: No.

Of course not.

T"

[Guest H.Wm.Mountcastle]

Though in this case it's not clear ("an organization has a committee) that this particular committee is an instrument of the board. If it's an instrument of the general membership, and the general membership instructed the board to check with the com"

[Guest Thomas Ralph]

It may also be worth checking whether the board is authorized in the bylaws to conduct absentee ballots."

[Guest Betty]

Just to clarify, the committee is elected by the general membership, not appointed by the board. They represent interests specific to a certain portion of the membership. (There are other, similar committees).

Could the members of that committee "

[Guest H.Wm.Mountcastle]

>>Could the members of that committee demand that the vote be cancelled and held again after they have considered it and delivered their opinion to the general membership?<<

No.

But as members of the association they can ask "

[Guest Gary c Tesser]

I suspect that my esteemed colleagues have all gone astray. For one thing, they seem to have assumed that the original poster, Betty, is discussing an election; but it seems to me that she is dealing with votes on other "matters" (Betty's signi"

[Guest Betty]

Thank you Gary. You are correct, it was a vote on a rule change that affected one particular sector of the organization, that which the committee represented, but all members got to vote on it.

I will see if we can't find some relevant informatio"

[Guest Betty]

I have a further question on Art.VIII .47 "votes that are null and void".

If the balloting in this case violated the by-laws of the organization in some way, that would nullify the results would it not?

Is a violation of the by"

[Guest Thomas Ralph]

Yes, if the ballot violated the bylaws it would be null and void."

[Guest Trina]

> Yes, if the ballot violated the bylaws it would be null and void. <

I think this may be an oversimplification. The p. 244(a) reference is to a motion adopted which conflicts with the bylaws - such a motion is null and void. An action take"

[Guest John M.]

I agree with Trina. I do not believe that the board failing to consult with the committee, even if that is required by the Bylaws, would cause a continuing breach.

The board members could, however, be disciplined for violating the Bylaws."

[Guest Betty]

In further researching the by-laws of the organization, I found in the language, that the committee "shall have the authority and responsibility for developing, amending and revising....". What they have authority over, is rules and regulations "

[Guest H.Wm.Mountcastle]

The proper interpretation of your bylaws requires reading them in their entirety, something that's beyond the scope and purpose of this forum.

Excerpts and paraphrases, especially when revealed in excruciating installments, are insufficient, and,"

[Guest John M.]

It is ultimately up to your organization to interpret its own Bylaws. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation for Bylaws."