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ASK THE PARLIAMENTARIAN
BY MIKE SWIFT, VVA PARLIAMENTARIAN
Q: Can a member serve in
two elected offices at the same time?
A: A member
may hold more than one elected office simultaneously because
the Constitution of VVA does not prohibit it. Robert’s,
on page 425, line 33, states that although “there is
no prohibition against a person’s holding more than
one office, it is understood in most societies that a member
can serve in only one such capacity at a time, and sometimes
the bylaws so provide.” This means the bylaws may prescribe
the prohibition, but if they are silent, there is not a prohibition.
Q:
Can an elected officer of a chapter also be a State Council
delegate?
A: The Constitution of Vietnam Veterans of America
does not provide that a member is limited to serving only
one office at a time.
Although, strictly speaking, there is no prohibition against
a person’s holding more than one office, it is understood
in most societies that a member can serve in only one capacity
at a time, and sometimes the bylaws so provide. In such a
case, if the person elected to two or more offices is present,
he can choose which of the offices he will accept. If he
is absent, the assembly should decide by vote the office
to be assigned to him, and then should elect a person to
fill the other office. Robert’s, page 425, line 33.
According
to the VVA Constitution and Robert’s Rules
of Order Newly Revised, a member may serve more than one
office at a time. That is, a member may serve as a chapter
president and as a state delegate.
Q: If someone calls for
an executive session, who is entitled to remain in the room?
A: A motion to go into executive session is a question of privilege
and, therefore, is adopted by a majority vote. Only members,
special invitees, and such employees or staff members as
the assembly or its rules may determine to be necessary are
allowed to remain in the hall. Robert’s,
page 93, line 8.
Q: Is it necessary to adopt a motion to uphold
a previously adopted motion?
A: Motions to “reaffirm” a
position previously taken by adopting a motion are not in
order. Such a motion serves no useful purpose because the
original motion is still in effect. Also, possible attempts
to amend a motion to reaffirm could come into conflict with
the rules for the Motion To Amend Something Previously Adopted.
If such a motion to reaffirm failed, it would create an ambiguous
situation. Robert’s,
page 100, line 10.
Leadership Conference Seminar
As the VVA’s National Parliamentarian, I will present
a seminar on parliamentary procedure at the 2008 National
Leadership Conference in Greenville, South Carolina. I would
appreciate your help. Please submit requests for material
you would like covered in my presentation. Send your suggestions
to parliamentarian@vva.org or mswiftrp@parligroup.com and
indicate the Leadership Conference in the subject line.
Send
your questions on parliamentary procedures to parliamentarian@vva.org Answers are based on Robert’s Rules of Order, Newly
Revised 10th Edition.
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