Ask Little Ben
Our Bylaws state: Section 3. The President-Elect and Treasure-Elect, at the close of their terms of office, shall automatically become President and Treasurer, respectively, for a term of two years. Our Treasurer-Elect wishes to stay on for another term. This is agreeable with the board, but how do we do this legally?
Dear Mary,
It is simple--amend your bylaws. But, does the Treasurer want to stay Treasurer for another year?
Cheerio,
Little Ben
Can the President set meeting dates without a committee vote?
Can the President give orders to members without a vote being taken for it's approval?
Hi Anthony,
Here's a question for you: Can a President be a tyrant without a committee vote? Sounds to me you have a President who thinks he is the ruler of the universal (well, maybe not the entire universal, but certainly your organization!) A President is supposed to do only what the bylaws state he can do. And a President does what the members allow him to do. So it sounds like your members better stand up for their rights.
Cheerio,
Little Ben
Is it correct for The Chair of a committee to change a previously scheduled meeting days after the committee has closed the meeting? The Chair directed the scheduled meeting be rescheduled 5 days later by telephone.
Greetings.
My gosh. This is a tricky question! Since I do not know all the facts, I cannot comment whether it is correct or not. But let me say this. There have been times when I have served in small committees where things do come up and meeting dates need to be changed. I assume the last statement means that the chairman called everyone to reschedule the meeting. I think if everyone could make it at that time there would be no problem. But if it became inconvenient for members of the committee then the date of the meeting that the committee members voted on should stand. Not everyone can make all committee meetings. When the members vote to set it date it should be kept unless an emergency makes it impossible for it not to take place. The principle here is that the vote of the committee is greater than the chairman. But again if the chairman can't make it to that scheduled meeting, I hope there is a vice chairman that can take his place.
Cheerio,
Little Ben
When minutes of the previous annual meeting are approved by the BOD is it necessay to have the general membership also approve the past minutes?
Dear Salvatore,
The short and brief answer to your question is "no." However, the members can request to have the minutes read. There are times when I can't remember from day to day what I have done, so how can members remember what happened a year ago? That is why minutes of annual meetings are not approved at the next annual meeting. Either a minutes committee or board approves them. But that does not prevent the membership from knowing what happened a year ago. And if someone in the membership actually took notes of the meeting and finds a mistake, that person can make a motion to correct it.
Cheerio and have a great meeting!
Little Ben
What are the duties of a committee co-chairman
Dear Margot,
O me O my O! I truly wish organizations would get a clue and stop having "co-chairman" because as you ask "what are they to do?" It would be best to have a chairman and vice-chairman. To answer you, I don't know! Your organization will have to come up with something. Or the co-chairmen need to divide up the duties between them.
Cheerio!
Little Ben
Can a vote made by written mail in proxy be rescinded at the meeting or at a later date?
Dear Sandra,
Oops! Little Ben can't answer this one. It sounds like you need to talk with our parliamentarian. Please consider writing an e-mail to the company e-mail address at info@parli.com. Please give more information so that the parliamentarian can help you. Thanks for writing.
Cheerio,
Little Ben
after a motion has been made and seconded what ordered do you
call on members to vote
Dear Bill,
Usually you do not call on members in an order to vote unless it is a roll call vote. In that case, the secretary starts at the beginning of the membership list and works down the list. However, if you mean which order are members called on to debate a motion then the answer is: the maker of the motion has the first right to speak to the motion. Then the chair would call on each member who obtained the floor. If it is a controversial motion then the chair should alternate between those in favor and those opposed.
Cheerio,
Little Ben
So little Ben, my question is, " CAN AN INDIVIDUAL HOLD TWO ELECTED OFFICES SIMULTANEOUS"
Dear John,
My goodness does someone not have enough to do in one office that he wants to serve in two? However, that does not answer your question. So, my answer is it all depends. Do your bylaws prohibit such a thing? If they do not, then it may be possible. Often the Secretary and Treasurer are combined. However, it would be absurd for the President and Secretary to be one person because it is not possible to conduct a meeting and take minutes at the same time. One person could not be both the President and Vice President because who would fill in when the President was absent. And you would not want the President to be also the Treasurer because the President and Treasurer often both sign the checks. So the members need to consider this carefully.
The other point is: Do you have enough people to hold these offices and if not why? Or do members not want to serve? It's time to put your thinking caps on and try to figure out the best thing for your organization.
Cheerio,
Little Ben
Dear Little Ben,
Whether Objection to the Consideration of a Question can be applied in ordinary committee?
Sorry, George. It can't be used in a committee. It is to be used only in the assembly. Why would a committee whose entire purpose is to investigate want to stop an investigation of something? I know issues can cause a great reactions among some, and may make others angry, but there are times we have to face these issues head on, bring the scary issue out from its hiding place, and deal with it. If something does cause great turmoil in a committee, then let the cooler heads prevail and someone who is good a mediating conduct the meeting.
Hope this helps,
Little Ben
Can a school board member leave the board table and speak during the citizen comments section? What kind of legal issues might this create for the board?
Dear Nancy,
This indeed is very odd. I truly am puzzled. Did the board prevent the person from speaking to the issues and that is why he stepped down to speak during the citizen comment period? Did he speak as a "citizen" or "board member?" I recommend that you consult with your attorney about this. However, from another point of view, the school board member is a citizen, too. So the question that needs to be answered is: can a person's right as a citizen be taken away because he elected to the school board? I have no answer to this one.
Cheerio!
Little Ben
I am the secretary for the church. All minutes are mailed to the board members one week prior to our monthly meetings. Read and reviewed by them prior to the meeting (to save time)As they are brought up for approval, President questioned if there are any corrections---I moved to accept the minutes as printed. I was told I was out of order.Beings I wrote them and printed them some of the board members feel I should not have made the motion. please advise.
thank you
Hi Sandy,
I love to hear when people are trying to do things right! It makes me a happy clock. So here is the basic principle that will help you with your board. If you are a member of the board you can make a motion. If you are not a member of the board, then you cannot make a motion. So that is your "litmus test" to use as secretary.
The easiest way to handle approving of the minutes and the accept parliamentary way is for the President (or Chairman) to ask if there are any corrections. Then he just states, "The minutes are approved as read or as corrected." (No motion is really necessary.) Could the President be dropping the ball on this one?
I truly recommend that all organizations get Robert McConnell's book "Robert's Rules of Order Simplified and Applied" and his DVD "How to Conduct a Meeting." This book is so easy to understand. If your church board does that there will not be any questions about what to do. Also, I star in one of their DVD's. It is helpful too. It is call "How to Run a Meeting" with me Little Ben.
Cheerio! and have a great meeting.
Little Ben
What happens to absentee votes if there is a nomination
made from the floor for an officer or director of an
organization.
Hello Janeen,
Those votes are applied to how the absentee voters voted. It is so sad though for the nominees that are nominated at the meeting because those absentee voters cannot vote for him. They have already cast their ballot and decided not to attend the meeting. A good candidate could loose because the absentee members did not know that this person was nominated. This is why I am against absentee ballots.
Cheerio!
Little Ben
HOW DO YOU RESCIND A MOTION THAT PASSED WHEN YOU DISCOVER IT CONFLICTS WITH THE BYLAWS?
Hi Dorothy,
Oh my goodness, I just got this e-mail. I hope that I am not too late to give you an answer! If a motion conflicts with your bylaws, it is null and void. That is a basic principle in parliamentary law. The president needs to let everyone that is conflicts with the bylaws and is null and void. No motion is necessary. If they do not accept this answer, then there is a motion to rescind. If you give previous notice prior to the meeting you make it, then it only takes a majority vote to adopt. If no previous notice is given, then a two-thirds. The best way is for the president just to declare it null and void.
Cheerio!
Little Ben
is a single motion of the preciding officer or chairman to adjourn a meeting and was seconded by another member of the body enough or legal even there are still pending motions on the floor and another member objected the motion to adjourn?
Dear Emi,
Oh, this can be so confusing to people that do not understand. First the presiding officer or chairman cannot make a motion to adjourn when business is still pending. But a member can make the motion. If a member makes the motion, and it it seconded, the presiding officer immediately takes a vote. No one can object to this. All he has to do is vote no! If the members vote to adjourn, the pending motion(s) carry over to the next meeting and come up first under "Unfinished Business and General Orders."
If this motion to adjourn is politics so that the pending motion is killed (for example it has the date to do something before the next meeting), then a member who is in the "know" can rise and state before the vote is taken that the motion will not carry over to the next meeting because of the time element. Hopefully members will vote against the motion to adjourn and the meeting will continue.
Cheerio!
Little Ben
What happens when the president & vice president resign at the same time?
Dear Nancy,
Oh my goodness! You are in a terrible pickle! But there is always a way to solve these types of problems. First you must look in your bylaws to see if they provide the way to fill vacancies. If the bylaws are silent on this, then your organization needs to have an election as soon as possible to fill the vacancies.
Cheerio.
Little Ben
Do you replace an officer during the meeting at which they resign their office? If so how
Dear Cathy,
The first thing you must do is look at your bylaws. It should tell you how to fill a vacancy. Hopefully your officer has written a letter of resignation. The assembly or the board first votes on the letter of resignation. This creates a vacancy. Then the assembly or board fills the vacancy according to the bylaws.
Cheerio!
Little Ben