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Promoting the study and teaching of Robert's Rules of Order Newly Revised
Welcome to www.parlipro.org |
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Mind Benders and Brain Teasers:
This is where we will post questions and
situations that will test your knowledge of parliamentary procedure. If you
have a parliamentary Mind Bender or Brain Teaser that you would like to share,
send it to mindbenders@parlipro.org
and we will print the best ones here. Unless otherwise noted, the
parliamentary authority is
Robert's Rules of Order
Newly Revised (RONR), 10th edition. The informal parliamentary
opinions expressed here follow general principles of parliamentary law and
Robert's Rules of Order
Newly Revised (RONR), 10th edition, and are based solely on the
brief summary of facts presented, without the benefit of having reviewed the
bylaws and other governing documents. An association's own bylaws,
covenants, Articles of Incorporation, Special Rules of Order, and local or
state laws will supersede what
RONR says. A
significant difference in facts could result in different conclusions being
reached. If there is much at stake, readers are encouraged to seek a formal
written parliamentary opinion from a Professional Registered
Parliamentarian, which includes a thorough review of the organization's
bylaws and governing documents. Nothing here should be construed as an
interpretation of statutory law.
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Answer to Mind Bender for December
2002:
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Unless the bylaws say otherwise, the
President alone is not authorized to accept a resignation. Because the
Secretary was "elected" by the general membership, that is the
body who would normally accept a resignation. In this case, however, the
bylaws give the board authority to fill vacancies in office, so the board
is empowered to accept the resignation. The President presumed to
accept the resignation on behalf of the board, which was overstepping her
authority.
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Because the resignation has not yet
been properly accepted by the board to create a vacancy in the office of
Secretary, the President has no authority to mail out ballots. By this
process of effectively opening and closing nominations outside of a
meeting, the President has
denied members of the board their right to nominate other candidates for
the office of Secretary.
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When the bylaws prescribe
"ballot" vote, that means SECRET vote. RONR gives the method of
conducting a secret ballot by mail on pp. 409-411 and involves using an
inner return envelope to maintain confidentiality, while assuring the
integrity of the voting process. In this case, no inner return envelope
was provided.
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The instructions on the ballot indicate
that it should be completed and returned "as soon as possible".
A definite date and time should have been given for closing the polls.
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RONR says on p. 399-400: "In
elections 'for' and 'against' spaces or boxes should not be used. They are
applicable only with respect to votes on motions...and a voter can vote
against one candidate only by voting for another who has been nominated or
by writing in the name of another candidate."
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There should be a space on the ballot
for write-in votes. Unless the bylaws say otherwise, write-in votes are
permitted.
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