The Civic Bylaws and Robert's Rules must be uniformly and equally applied. If disregarded or applied selectively, then they should not be used at all. This is a list of some of the recent misinterpretations or misuse (intentional or otherwise) of provisions in the Civic Bylaws. Also, a few brief examples of how and where Robert's Rules are not being followed, in accordance with the Bylaws. by Ellen Gurewitz
Civic Bylaws and Robert's Rules.
Article II - Purpose “to preserve the rural lifestyle of Agua Dulce by promoting controlled growth”
Let's not lose sight of the Civic's mission!
Article IV - Membership
It is not clear in the Bylaws if a “member” is a household or an individual. If dues are paid by household, then that household is considered one member and can have only one vote.
Section 2: Voting Privileges “Each member will have one vote…There will be no proxy voting.”
My previous question regarding: “who is a member?” There is no provision anywhere in the Bylaws for a vote by mail. All votes must be taken at meetings. There is a procedure for calling special meetings (Article XII, Section 2) , if necessary.
Article VIII - Duties of Officers Section 1 - President “The President shall be responsible for developing a yearly calendar of meetings and event dates to be distributed by the February General Meeting.”
Was a calendar distributed at the February meeting? I did not get one.
Section II - Vice Presidents B. “The Second Vice President…shall print a membership roster by the end of March.”
That should be available at the next meeting.
Section III - Secretaries B. “The Corresponding Secretary shall…notify the membership of regular and special meetings…and notify the membership of pending issues of paramount concern.”
When a special meeting was requested in writing and signed by more then 10 members (as provided for in Article XII, Section 1), it was the obligation of the Corresponding Secretary to notify members.
The Airpark issues is still of paramount importance to this community. Members have not been duly notified regarding important issues and actions by the Board.
Section IV - Treasurer “The Treasurer shall…keep an itemized accounting of receipts and disbursement.”
I am requesting an accounting of monies received in November that have not been properly recorded or accounted for, specifically by Drew Gurewitz and others who paid their membership dues, but there appears to be no record of these receipts.
“The Treasurer shall prepare and submit an annual financial report to be read at the March business meeting. The books are to be closed and audited prior to this meeting.
The Treasurer and Board are in direct violation of the Bylaws. When was the last Financial audit?
Article IX - Board of Directors Section 2 - Duties A. “The Board of Directors shall…” This provision clearly states the Board will make recommendations to the Association and must report to the general membership on any business transacted by the Board between meetings.
The Board is subject to the orders of the Association. It is the purview and responsibility of the members, by vote at the regular meetings, to act upon any recommendations from the Board. The Board is NOT authorized to act on its own behalf and certainly not in conflict with the members.
Article X - Standing Committees Section II - Duties of Standing Committees A. “The Finance Committee shall prepare an annual budget for the general membership to adopt; conduct an audit(s)…the Treasurer shall serve on this committee but may not chair it.”
Does such a committee exist as required by the Bylaws? Who is on the committee; who is the chair?
Has an annual budget been prepared and presented to the membership. The members must vote to adopt the budget. The Board is not authorized to make any expenditures unless a budget has been adopted. Although not expressly indicated, expenditures not included in the budget or in excess of the approved budget, should also be brought to the body for a vote.
Article XII - Meetings Section 1 “Meetings are open to all members and guests.”
Since meetings are not private, why was the Board so concerned with having the last meeting taped, to the point of violence? The individual was planning to ask the board for approval. It would most likely have been voted down. The Board again exceeded its authority. There is nothing in the Bylaws that prevents taping of the meeting. In fact, I would suggest future meetings be officially taped for clarification. Minutes transcribed from a tape will be much more accurate then the current minutes which are based on spotty notes. The minutes of the last meeting were not complete; discussions and votes taken were not included. Taping the meetings would better serve the members and the Board and would not be limited to selective memory. Especially when the body is not permitted to discuss or amend the minutes!
Section 2 “Special meetings may be called…by the written request of 10 members in good standing.”
A special meeting was called for by at least 10 members. Written notice was sent to the Board. It is the responsibility of the Corresponding Secretary to
“notify membership of regular and special meetings” (Article VIII, Section III, paragraph B.)
Instead, the Board's response was a letter indicating they would take 30 days to consider the matter (or NOT, which is more likely!) Nothing in the Bylaws or Robert's Rules gives the Board that coarse of action. A special meeting was legally called for; the board must assist in notifying members. The only valid action the Board could have taken was to state that the meeting could not be held without allowing the 2-week notice period. However, the Board is equally at fault as they have called meetings with less then 2 weeks notice and/or not notified members!
Section 4 “Prior to the Association taking a vote/stand on issues of paramount concern…the general membership shall be notified 2 weeks prior as to the time and place of the meeting to present the issue(s), discuss the issues(s), and vote.”
There is no greater “paramount” concern facing Agua Dulce today than the troubles and problems created by the airpark. A proxy (mailed) vote was taken, which is not permitted under the Bylaws. The membership did not have 2 weeks; there was no meeting or opportunity to discuss the “ballot”, or where all the facts as well as opinions could be stated. The vote was tainted in its presentation and illegal according to the Bylaws. The Board has used its power to mislead the membership and misrepresent itself to other outside entities.
Article XVI - Parliamentary Authority
Section 1 “The rules contained in Robert's Rules of Order, Newly Revised, shall govern this Association in all cases”
Robert's Rules is the definitive reference for anything not explicitly covered under the Bylaws. That includes the making of any motion from the floor at a regular meeting by any member. Motions are the very guts that govern Parliamentary Procedure. That is how business is raised, discussed and actions taken based on resulting votes.
Section 2 “Subjects…are to be allowed for discussion during a “public forum” on the general meeting agenda. The President may set a speaking time limit.”
This does NOT mean that individuals only have 3 minutes to come up to the podium to speak! This means that any subject or motion can be raised by any member during “public forum.” A motion or subject is “allowed for discussion.” A time limit can be imposed for speakers during discussion of the subject or motion.
In other words, I as a member can raise 10 subjects or motions for discussion. And be able to speak on each for the imposed time limit; and other speakers as well for the imposed time limit! Robert's Rules clearly allows for motions and discussions.
A motion made by a member may be ruled out of order by the chair, but the body can overturn that ruling by a Motion to Appeal. Any member can rise to a Point of Order (if the member feels chair or body is not following Parliamentary Procedure); a Point of Information (to ask a question or seek clarification of an issue or motion under discussion; may be asked of another member or speaker “through the chair”, i.e. “Through the chair to Ellen, my question is…”); a Point of Personal Privilege (i.e. Please speak louder we can't hear; Can we please take a 10 minute break, etc.)
As to motions: there are main motions, amended or substitute motions, subsidiary motions, and motions to limit debate or table an item. Motions have a priority order of how that are discussed and voted. There may be more than 1 motion on the floor at a time, as long as it relates to the same “question.” Other important rules:
Minutes are approved/accepted by the body, not the board. The body may make/move corrections or amendments and there can be discussion and a vote if necessary (unless accepted by consent.)
Treasurers report or any board or committee report must be open for questions from the body; a motion could be raised if appropriate and to the subject of the report ·
The Board cannot continue to manipulate these Bylaws and Robert's Rules, or continue to misuse or abuse its authority. In fact, the Board has NO authority except that which has been granted to it by the membership in legal voting.
The Board does, however, have a standing obligation and responsibility to its members to conduct meetings impartially, inform members of meetings, allow for motions and discussion at meetings, and so forth. The Board, who can quote chapter and verse of the Bylaws, as it suits them, should also have at least a rudimentary knowledge of Robert's Rules, which governs everything else!