Motion

[Guest Jean]

Bylaws has a clause on how to fill in a vacancy by sending a memo to clubs and give a deadline date to turn in nominations. That was done, and no nominations were sent in by Nov. 30, 2010. Now an officer made a motion to resend the memo and make deadline Jan. 31, 2011. That motion was seconded and passed. I sent in a suggestion to add that if there is no nominations by then, we will do an election at the next business meeting which is on March 4, 2011. That officer now said cannot do that because it is not in the Bylaws. The Bylaws did not even have a "Plan B" on what to do when there is no nominations by the 1st deadline. Question: can a motion that was seconded and passed be OVERTURNED by the President? Like a Veto or declare it out of order??? The Bylaws does say that if what we are looking for is not in there, then shall follow RRO.

[hmtcastle]

Question: can a motion that was seconded and passed be OVERTURNED by the President? Like a Veto or declare it out of order???

Not unless your bylaws give your president that unusual authority.

In any case, a motion to send a memo can't be rescinded once the memo is sent.

It looks like you might have to amend your bylaws.

[jstackpo]

Overturn/Veto? No, unless the bylaws give the pres such extraordinary powers.

Rule out of order? - yes (if he can make a case for it) but ONLY at a meeting, subject to appeal to the membership.

Your "Plan B" as to what to do if there are no nominations is described in RONR on pp. 429-30. What you have is called an "incomplete election".

[Guest Jean]

Thank you for those inputs. This was done through emails and to be ratify at the next business meeting. So can Out of Order be declared through email - reason is no plan B since the memo was already sent out. This officer is wanting to send out another one.

[hmtcastle]

So can Out of Order be declared through email

No.

[Guest Jean]

The 2nd memo that has NOT been sent out yet - says:

This memo is to let you know that (person’s name), President/Commissioner submitted her letter of resignation to join (organization’s name) as Deputy Commissioner. Per (organization’s name) Bylaws and Robert Rule’s of Order Newly Revised, (person’s name), Vice President/Deputy Commissioner moved up and assumed the President/Commissioner position on December 1st, 2010 for the remainder of the unexpired term.

There were no nominations so (organization’s name) would like to advertise the Vice President/Deputy Commissioner position again. We would like for you, Member Club, to submit a letter with the Club letterhead with a nomination of those who are interested. The nominated person(s) will need to sign the letter to indicate his/her acceptance of the nomination. The letter of nomination(s) needs to be mailed by January 31, 2010 to (person’s name), (organization’s name) Secretary, at (address). (Organization’s name) will then review all nominations and appoint a new Vice President/Deputy Commissioner.

If there are no nominations submitted by January 31st, then there will be an election on Friday March 4, 2011 during the Board of Delegates meeting to vote on a new Vice President/Deputy Commissioner.

[Guest Jean]

So is it proper to add the election part even the @nd motion did not have that. It was the President's suggestion.

[Josh Martin]

So is it proper to add the election part even the @nd motion did not have that.

No, the President does not have the authority to amend the motion.