Legal or Illegal

[Guest Anti]

Summary:

Voting announcement of a motion was posted in the website(public) by president of national level organization. She mentioned two regions didn't vote on that website. One region didn't send email of aye or nay to her thru email because electronic votes were not allowed thru email. Electronic votes in email was not in constitution/bylaws. Is it legal or illegal for her to announce ".....(name of regions) did not vote" on the website? Region beleive that Board violated Constiution/bylaws of national organization. What is next step?

[Rob Elsman]

Summary:

Voting announcement of a motion was posted in the website(public) by president of national level organization. She mentioned two regions didn't vote on that website. One region didn't send email of aye or nay to her thru email because electronic votes were not allowed thru email. Electronic votes in email was not in constitution/bylaws. Is it legal or illegal for her to announce ".....(name of regions) did not vote" on the website? Region beleive that Board violated Constiution/bylaws of national organization. What is next step?

The general rule is that voting is limited to members who are actually present at a legal meeting when the vote is taken, RONR (10th ed.), pp. 408, 409. If your organization authorizes something else, you will need to look to the bylaws for the answer to your question.

[hmtcastle]

Is it legal or illegal for her to announce ".....(name of regions) did not vote" on the website?

Legal questions should be addressed to an attorney. In most instances, the names of members who abstain are not recorded in the minutes.

Region beleive that Board violated Constiution/bylaws of national organization. What is next step?

If a member thinks a rule has been violated, he should raise a point of order at the next meeting.

[Guest Anti]

The general rule is that voting is limited to members who are actually present at a legal meeting when the vote is taken, RONR (10th ed.), pp. 408, 409. If your organization authorizes something else, you will need to look to the bylaws for the answer to your question.

Copied and pasted:

Motions referred to Governance (Bylaw) Committee That Rob can look up and read theirs.

I copy and paste from National organization Constitution:

§ 6.02 Constitution, Bylaws, and Guidelines Amendments.

(1) The Constitution, Bylaws, and Guidelines of the Association may be amended by the

Basketball Council at a properly constituted meeting of the Council.

(2) The Deputy-Commissioner shall issue a request for proposed revisions to the Constitution,

Bylaws, and Guidelines, to the membership by February 15 to the Vice President before the

next Basketball

(3) Any member of the Association may submit a proposed amendment in writing, at least 30

days in advance of the Basketball Council meeting, to the Deputy-Commissioner.

(4) All written proposals, amendments, and any other changes relative to management,

structure, and function of the Association shall be submitted to the Deputy-Commissioner who

shall forward such proposals and amendments to the Governance Committee to review and

act upon.

(5) Only the Executive Board may submit written proposed amendments from the floor.

Rob, please read number 1 and number 3. That proposal (a motion) was failed to submit cuz of at least 30 days in advance of the basketball council meeting to Deputy COmmissioner. Other thing -- secretary did recorded that motion in the meeting minutes (April 2010. but Region knew that motion wasn't on floor and discussed in the meeting. That was illegal. That's why region objected that one in meeting minutes that we found meeting minutes were posted in the website (September 6, 2010) two weeks ago that secretary didn't notify regional presidents that minutes were posted in that website. That's why a region didn't reply to vote, also giving region board time to read minutes and share discussions and reading constituion/bylaws/rules of national organzation that region affiliates. Also, working on writing long letter with approval by region board. There are too many mistakes in meeting minutes. Electronic emails are not allowed thru email. Following 6.02... That Board from national level organization didn't follow Constitution 6.02

Any suggestions or advise?

[hmtcastle]

Rob, please read number 1 and number 3.

At least he doesn't have to read 2, 4 and 5.

Electronic emails are not allowed thru email.

Ah ha!

[Rob Elsman]

Copied and pasted:

Motions referred to Governance (Bylaw) Committee That Rob can look up and read theirs.

I copy and paste from National organization Constitution:

§ 6.02 Constitution, Bylaws, and Guidelines Amendments.

(1) The Constitution, Bylaws, and Guidelines of the Association may be amended by the

Basketball Council at a properly constituted meeting of the Council.

(2) The Deputy-Commissioner shall issue a request for proposed revisions to the Constitution,

Bylaws, and Guidelines, to the membership by February 15 to the Vice President before the

next Basketball

(3) Any member of the Association may submit a proposed amendment in writing, at least 30

days in advance of the Basketball Council meeting, to the Deputy-Commissioner.

(4) All written proposals, amendments, and any other changes relative to management,

structure, and function of the Association shall be submitted to the Deputy-Commissioner who

shall forward such proposals and amendments to the Governance Committee to review and

act upon.

(5) Only the Executive Board may submit written proposed amendments from the floor.

Rob, please read number 1 and number 3. That proposal (a motion) was failed to submit cuz of at least 30 days in advance of the basketball council meeting to Deputy COmmissioner. Other thing -- secretary did recorded that motion in the meeting minutes (April 2010. but Region knew that motion wasn't on floor and discussed in the meeting. That was illegal. That's why region objected that one in meeting minutes that we found meeting minutes were posted in the website (September 6, 2010) two weeks ago that secretary didn't notify regional presidents that minutes were posted in that website. That's why a region didn't reply to vote, also giving region board time to read minutes and share discussions and reading constituion/bylaws/rules of national organzation that region affiliates. Also, working on writing long letter with approval by region board. There are too many mistakes in meeting minutes. Electronic emails are not allowed thru email. Following 6.02... That Board from national level organization didn't follow Constitution 6.02

Any suggestions or advise?

I have no idea what is your question about Robert's Rules of Order. Sorry.

[Guest Anti]

You are right. What is next step for region after region knew that national level board and LearningROR didn't follow Constitution 6.02? What can region do?

[David A Foulkes]

Electronic emails are not allowed thru email.

Perhaps they can be snail-mailed then?

[Guest Anti]

tempo I mean electronic votes are not allowed thru email. Sorry I typed wrong word of electronic emails. :-)

[Gary c Tesser]

tempo I mean electronic votes are not allowed thru email. Sorry I typed wrong word of electronic emails. :-)

So, as I understand this: at the next meeting -- which will, let us note, will be the first actual opportunity to address this e-mail gibberish legitimately -- someone should raise the point of order of its all being illegitimate.

[Josh Martin]

You are right. What is next step for region after region knew that national level board and LearningROR didn't follow Constitution 6.02? What can region do?

I highly doubt the regional organization can do much of anything about the actions of its parent organization.