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Friday, November 28, 2008

Show Up and Speak Up, Or Forever Hold Your Peace

"The only exceptions to the rule that a point of order must be made at
the time of the breach arise in connection with breaches that are of a
continuing nature, in which case a point of order can be made at any
time during the continuance of the breach. Instances of this kind occur

(a) a main motion has been adopted that conflicts with the bylaws (or
constitution) of the organization or assembly, unless the conflict is
with a rule in the nature of a rule of order as described on p. 17 lines
23-24, in which case a point of order must be timely."

RRONR p.244 thus explains that even if this Policy Manual rule about
entering ES were instead contained in our bylaws, it would not be exempt
if it were (as Stephen suggests) a special rule of order therein.

The most important example exception is (e): "any action that has been
taken in violation of a rule protecting absentees or a rule protecting a
basic right of an individual member" e.g. to vote via secret ballot.
This underscores the obvious principle here: if you don't show up and
speak up, then you can only object to completed actions that violated
your right as an absentee, or that improperly undid a decision that the
body duly made previously. Alleged entry into ES without a minute'd
motion satisfies neither condition.