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Someoneasked:
on November 9, 2024 1:54 am
Regarding the question posed on October 25, 2024 (and Thank You Very Much for responding), I do want to point out what I may not have emphasized enough. Each member of this Political Organization was elected, by thousands of citizens, to represent their particular district.
Additionally, being a Political Organization, it may 'appear' that the County Committee would be disenfranchising voters of their right to select their representatives by removing that member (representative).
Now with the above emphasis, would it not be appropriate to interpret the bylaw in favor of 'higher bar' to remove a member?
"Any Member may be removed by a two-thirds vote of the County Committee at any meeting."
Kirby Glad, PRPreplied:
on November 9, 2024 10:23 pm
The fact that delegates (or members) are elected by some number of people has no impact on the interpretation of the bylaws. "Disenfranchise voters" means to deny them the opportunity to vote, and they have already voted. The principle of representation does not protect the elected members. It is the bylaws which rule the situation, not the electorate. I presume there is a method of replacing a removed member so the electorate can continue to be represented, but even if not, that has no affect on interpreting the bylaws regarding removal.
Interpretation of bylaws is based on strict construction of the actual language - intent doesn't matter. There is no other factor that would bring about an interpretation other than “Any Member may be removed by a two-thirds vote of the County Committee at any meeting.” - unless your bylaws specifically provide such an exception.
Someoneasked:
on October 31, 2024 4:10 pm
Due to a technical problem with meeting proxies, the assembly moved to schedule a special meeting to conduct elections and conduct no other business. A slate of candidates was presented prior to the motion.1) Since it states, "No other business", can nominations from the floor be permitted. 2) If a candidate withdraws his/her nomination does this then permit nominations from the floor? 3) If the slate is reduced to one candidate, will this create a need to reject the slate and start the process of calling for candidates?
Thank You for your time in responding.
Kirby Glad, PRPreplied:
on November 1, 2024 4:11 pm
This depends on whether the new meeting was set as a new meeting or as a continuation of the previous meeting (by using the motion to Set the Time To Which To Adjourn). If it is a continuation meeting then you just pick up exactly where you left off, and whatever you were going to do at the first meeting you can do at the continuation meeting.
If it was set as a "special meeting" with business of completing an election, then any activities allowed by your bylaws for an election would be included, so if your rules allow for nominations from the floor at the meeting, you can do that. If nominations were already closed at the first meeting then it would still be possible to make a motion to reopen nominations. The process of nominations, candidates speeches (if that is your process), motions about voting, and so forth would all be permitted under the topic of "elections".
Someoneasked:
on October 25, 2024 7:00 pm
Our Political Party County Central Committee is made up of five Assembly districts. Each district elects six party members who reside in the district to represent the party member of that district. Therefore there would be thirty (30) Elected Members to the County Central Committee. Additionally there are thirteen (13) members who have been qualified to run for partisan office in the November General Election. They are classified as 'ExOfficio' and have voting rights like the Elected Members. The total membership of the County Central Committee (Committee) therefore is forty-three members.
We have a bylaw, to be used on rare occassions, to remove an elected member from the Committee for a serious infraction. It reads:
"Any Member may be removed by a two-thirds vote of the County Committee at any meeting."
The question is whether it requires a 2/3rds vote of the entire membership (43 members) or is it just 2/3rds of the members present (and quorum is satisfied)?
Kirby Glad, PRPreplied:
on October 26, 2024 11:13 pm
When a body makes a decision it can generally only do so at a meeting with a quorum. The default vote is always a majority. So if a bylaw says that such and such can be done by the assembly, or by a vote of the assembly it always means a majority vote at a meeting with a quorum. If ever the "majority of the membership" is required, or some other percent of the membership is required, that must be specifically stated in the bylaw. So "2/3 of a vote of the County Committee" just means two thirds of those at the meeting. "At any meeting" is superfluous, unless your bylaws allow for actions to be taken without a meeting.
Someoneasked:
on October 18, 2024 4:12 am
A public, unit of government, governing board has a board policy requiring bidders on construction projects costing more than $50,000 to meet certain state worker training certifications. This is specified in the board’s purchasing policy (responsible bidder ordinance). A construction project goes out for bid and the low bidder does not meet the training requirement, so as such would not normally be considered a responsible bidder. However that bid and bidder is advanced to the board for a vote. Certain board members motion "to suspend the rules” to allow the vote to proceed, suspending board policy in this regard, despite the bid not meeting board policy. As I understand the motion "to suspend the rules” this motion, if made, would be out order as the motion to suspend rules applies to parliamentary rules and or possibly standing rules, not bylaws, constitution and or other policies not related rules of order or meeting management. Specifically, would a motion to suspend rules to temporarily amend board policy and an ordinance be a proper motion?
Kirby Glad, PRPreplied:
on October 18, 2024 6:04 am
Great question. The motion to suspend the rules only applies, as you suspect, to parliamentary rules. It cannot be used to suspend policies, bylaws (with rare exceptions), ordinances, or laws.
Such a motion would be out of order. Any contract action taken that contravenes the governing documents could expose the government unit to litigation.
Someoneasked:
on October 10, 2024 3:02 pm
HOA bylaws state that the annual meeting of the members shall be held on such and such a date and time. In 2024 and 2025, the stated date falls on a religious holiday. Can the date be changed without a bylaws amendment?
"An Annual Meeting of the Association shall be held on the first Wednesday in October at 7:30p.m. at the Clubhouse in XXXX, XXXX County, Maryland or at a location designated by the Board of Directors. The membership shall be notified by mail. No quorum is required at the Annual Meeting."
Kirby Glad, PRPreplied:
on October 10, 2024 11:33 pm
No you can't change the meeting without changing the bylaws, because that section in the bylaws serves as notice of the meeting. However if your bylaws provide for Special Meetings you can follow that process to call a meeting on a different day, such as before the religious holiday. At that meeting you can modify the bylaw to make it more flexible, such as by adding "or on the following Thursday if the first Wednesday is a legal holiday or Rash Hashana" (or name whatever religious holiday that would not already be a legal holiday)
Someoneasked:
on September 9, 2024 7:56 pm
An agenda question: What falls under "unfinished business"? Our board has 3 meetings a month; two worksessions and one business meeting. If a subject was discussed in a worksession, is it considered unfinished business for the business meeting? Or is unfinished business only items that are carried forward from a previous business meeting?
Kirby Glad, PRPreplied:
on October 10, 2024 11:29 pm
Unfinished business only includes motions that were made at a previous meeting but were postponed until another meeting, or motions to reconsider a vote at the previous meeting. Just discussing something does not qualify it as "unfinished business". It is a good practice to get to a motion as soon as practical in the discussion of any topic. This helps to focus the discussion and reduce the length of the meeting.
Someoneasked:
on August 20, 2024 7:15 pm
We are a Florida condo board operating under Roberts Rules. We had a motion several meeting ago to hold our annual meeting outside ( passed by one vote ).
Several board members and condo owners wanted to have a new vote to reconsider meeting inside the clubhouse. A board member mentioned to the President of the board right before the meeting started that he intended to bring it up for revote. The President said it couldn’t be revisited/revoted because it has already been voted and passed at a previous meeting. This involves no change or add to any expense. Please advise…..SH
Kirby Glad, PRPreplied:
on October 10, 2024 11:26 pm
It really doesn't make sense to believe that the members can never change their mind after taking a vote. A motion to Amend Something Previously adopted can be made at any meeting to hold the vote again. It requires a majority vote if notice is given to the members in advance of the meeting where the vote will take place, or 2/3 without notice, or a majority of ALL condo members.
Someoneasked:
on June 14, 2024 7:01 pm
Our HOA consists of 5 directors. 3 have resigned. What constitutes a quorum? Our by laws say majority of directors.
Kirby Glad, PRPreplied:
on October 10, 2024 11:23 pm
A quorum is based on the number of the actual board members, not the total number of available director seats. If you have 3 director positions currently filled, a quorum is 2, unless your bylaws state otherwise. If you have only 1 serving director then the quorum is 1.
Someoneasked:
on June 6, 2024 3:58 pm
How does one call for a supplemental report of the Credentials Committee during a convention? Is it a matter of privilege that one member can request? Something that needs a motion and a second? Something that requires a majority vote of the body? Something that needs to be scheduled ahead of time?
Thank you!
Kirby Glad, PRPreplied:
on October 10, 2024 11:20 pm
It depends on the Standing Rules of Convention. If credentials reports are required then you can make a Point of Order. So you may wish to amend the Standing Rules to require it.
Otherwise, a member can rise to Raise a Question of Privilege of the Assembly requesting the report, which can be decided by the chair. If the chair is not amendable then you can request the report by making a motion that the supplemental credentials report be received before the balloting (as you only need such a report if you are balloting).
Someoneasked:
on April 10, 2024 10:41 pm
Our constitution has a section read as "Executive Board: To consist of; President, Vice President, Business Representative, Secretary/Treasurer,
Sergeant At Arms, and the six (6) members of the Board of Trustees. No person shall run for or hold more
than one (1) Executive Board position. Any Executive Board member of Local 46 that misses three (3)
consecutive meetings of Local xx without just cause, shall be removed. Just cause will be decided by the
membership of Local xx". Regarding that section we have a trustee member who has missed 3x meetings in a row twice, and I was wondering proper procedure for the member to take accountability. I was told I needed a motion and needed it to pass before we would even talk about it which seems weird to me given we already have a clause explaining violation I thought they would have to acknowledge the violation regardless of motion. I appreciate any response thank you.
Kirby Glad, PRPreplied:
on October 10, 2024 11:13 pm
Yes you need a motion because of the use of "just cause will be decided by the membership". So there is nothing automatic about the removal. It must be decided and that is done by a motion. A motion will be made to create a committee to investigate the absence of member YY and the cause of each one. The report of the committee would then be brought before members, with the accused having a right so due process (such as advance notice and opportunity to speak in self-defense), and then a motion will be made to remove the board member and the members will determine if the absences are excused by "just cause".
Answers So Far..