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DanielJ (Georgia)
Posts: 31
Posted:
Hi,

We are a new board for an established Association. There are 9 of us on the board and last week we had an election of officers. One board member didn't attend so only 8 showed up. For VP, we had 4 votes for one person and 4 votes for another. (The president's vote was included in this tally.) We decided to table the vote until the next meeting (tommorow) when hopefully all 9 of us will be there. However, one of the VP candidates is of the opinion that since there were only 8 present, the president should have abstained from voting which would have given her the win. We're supposed to follow Roberts Rules which I'm having trouble applying to our situation. Please help. Many thanks.
AnnJ1 (Florida)
Posts: 122
Posted:
Hi Dan....

According to the FAQ's (#1) on the Robert's Rules of Order website...

http://www.robertsrules.com/faq.html

"If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions. So, in meetings of a small board (where there are not more than about a dozen board members present), and in meetings of a committee, the presiding officer may exercise these rights and privileges as fully as any other member. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result.

When will the chair's vote affect the result? On a vote that is not by ballot, if a majority vote is required and there is a tie, he or she may vote in the affirmative to cause the motion to prevail. If there is one more in the affirmative than in the negative, the chair can create a tie by voting in the negative to cause the motion to fail. Similarly, if a two-thirds vote is required, he or she may vote either to cause, or to block, attainment of the necessary two thirds. [RONR (11th ed.), pp. 405-6; see also Table A, p. 190 of RONRIB.]"

HTH,
Ann

DanielJ (Georgia)
Posts: 31
Posted:
Thanks, Ann. I did read that before I posted but am still unclear as to what should have taken place in our situation. Since we're a small association, our president gets to vote and with his vote a tie occured for VP. So, should we have tabled the vote until tomorrow's meeting or should the president not have voted in the first place because his vote "could" have affected the outcome in the event of a tie since only an even number of board members showed up?

I think since the president was eligible to vote and since the vote resulted in a tie, we were correct in tabling the vote until the next meeting but I'm not sure. I apologize for my density but the rules seem vague. When exactly can a president vote in an election or on a motion? Would it be always or only when a tie vote is a possibility?

Thanks.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Within Ann's citation, Daniel, you'll see that with a Board your size, the president is permitted to vote. So, because it was a tie, the agenda item is postponed (not "tabled") to the next meeting.

Ann's first sentence basically answers your question.

I just finally got my copies of Robert's last week and am trying to learn them. A couple of other people who contribute to the forum are more knowledgeable than I.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By DanielJ on 02/03/2013 12:34 PM
Thanks, Ann. I did read that before I posted but am still unclear as to what should have taken place in our situation. Since we're a small association, our president gets to vote and with his vote a tie occured for VP. So, should we have tabled the vote until tomorrow's meeting or should the president not have voted in the first place because his vote "could" have affected the outcome in the event of a tie since only an even number of board members showed up?

I think since the president was eligible to vote and since the vote resulted in a tie, we were correct in tabling the vote until the next meeting but I'm not sure. I apologize for my density but the rules seem vague. When exactly can a president vote in an election or on a motion? Would it be always or only when a tie vote is a possibility?

Thanks.

If the president is a director (board member), the president has the same right to vote just as any other director (board member). In order to preserve the impartiality of the chair (or presiding officer), unless the vote is by secret ballot, the president (or chair), if a member of the assembly, typically casts a vote only when the vote will affect the result. (RONR, 11th ed., page 53)

"ONE PERSON, ONE VOTE. It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one - and only one - vote on a question." (RONR, 11th ed., page 407). Thus, a person who is a board member (director) and also the president, is entitled to only one vote. That person is not entitled to one vote as a director and a second vote to break (or make) a tie.

Also note: "...the basic requirement for approval of an action or choice by a deliberative assembly, except where a rule provides otherwise, is a majority vote." {RONR, 11th ed., page 400).

Since a tie is not a majority, no one was elected as vice-president. When this happens, typically, the assembly is supposed to continue casting ballots until one person receives a majority. Practically, if it appears this will not happen, the vote for vice-president should have been postponed to a future meeting.

By the way, there is no such thing as tabling a motion in Roberts Rules. In fact, RONR contains no definition for such a motion. There is a motion, to lay on the table which has an entirely different meaning in Roberts Rules than it does in legislative use. It is commonly misused when the intention is to postpone consideration of a motion to some future time or date, or indefinitely.
AnnJ1 (Florida)
Posts: 122
Posted:
Hi again Dan....

According to Robert's, "the balloting should be repeated for that office as many times as necessary to obtain a majority for that office".... 10th edition - page 426. However, I can see a 2 hour meeting stretching to 5 or more hours and possibly never reaching a conclusion unless one succumbs to withdrawing his/her name.

I think your board handled this fairly since you stated all 9 would be in attendance at the subsequent meeting. Robert's addresses this (10th edition - page 429) "Providing for completion of an Election - If an assembly wishes to adjourn when an election is incomplete, an adjourned meeting should be provided for."

The term "tabling a motion" is a misnomer. No biggie in your instance but you might like to pick up a copy of Robert's to better understand "to lay on the table".

To request a president to relinquish his/her vote during an election process would be removing a fundamental right of his membership. That IS a BIGGIE!

What is most important is that your Board came to a "fair" solution and this is precisely what Robert's intent was when he collated the first set of "rules". Fundamentally, under the rules of parliamentary law, a deliberative body is a free agent - free to do what it wants to do with the greatest measure of protection to itself and of consideration for the rights of its members.

Ann
DanielJ (Georgia)
Posts: 31
Posted:
Thank you all so much. I now understand the issue because of your expertise and patience. You're great!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Daniel

One way to deal with a dissenter, especially a lone one, is to not let them put others on the defensive. Simply inform them this is the way we have or are going to do it and until said time as you can "prove" us wrong, it is the way it is.

Later one can do the mea culpas if needed.

When any non-lawyer (and even some lawyers) say something is illegal, turn it on them and make them prove it.

When anyone threatens legal action, turn it on them and reply well then I look forward to seeing you in court.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
You may want to look up the exact duties of the Vice President. You may be shocked to find it does NOT mean they automatically assume the Presidents position IF the President leaves. VP is the most figure headed positions. Their only duty maybe to hold the meetings if the President can't attend. They may also be able to sign checks if you have a 2 signature check system. That is about all. I used to be one myself. so you may just check the duties and let the candidates know. they may not want it and want to stay on the board only and NOT office position.

Former HOA President
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MelissaP1 on 02/03/2013 2:43 PM
You may want to look up the exact duties of the Vice President. You may be shocked to find it does NOT mean they automatically assume the Presidents position IF the President leaves. VP is the most figure headed positions. Their only duty maybe to hold the meetings if the President can't attend. They may also be able to sign checks if you have a 2 signature check system. That is about all. I used to be one myself. so you may just check the duties and let the candidates know. they may not want it and want to stay on the board only and NOT office position.

This statement is true if the bylaws specifically provide a procedure for filling a vacancy in the office of president.

More precisely, if one is adhering to parliamentary procedure, such as Roberts Rules:

"In the case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president." (RONR, 11th ed., page 458)

So, as Melissa suggests, one should refer to the bylaws to determine if the vice-president automatically becomes president, or if a vacancy in the office of president must be filled by some other procedure (such as electing a new president).

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