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As
to not have to repeat the same thing in numerous paragraphs, the following
fact is to be considered every time there is any mention of the Board doing
Club business by email in each of the Plaintiff’s rebuttals:
The
DFWMGRC is governed by Roberts Rules Of Order, Newly Revised: “Efforts to
conduct the deliberative process by postal or electronic mail or facsimile
(fax) transmission – which are not recommended –must be expressly authorized
by the bylaws and should be supported by special rules of order and standing
rules as appropriate, since so many situations unprecedented in
parliamentary law may arise and since many procedures common to
parliamentary law are not applicable (see pp. 482-82).” The Bylaws for the
DFWMGRC do not authorize any such method. However, telephone and email were
the methods used by the Club for meetings and voting during this entire
issue up until and including the mailing of the charges preferred by Debra
Allen against the Plaintiffs. Per RRNR, pg 332, “Motions that conflict with
the corporate charter, constitution or bylaws of a society, or with
procedural rules prescribed by national, state, or local laws, are out of
order, and if any motion of this kind is adopted, it is null and void.”
Therefore all motions with regards to the disciplinary procedure against the
Plaintiffs should be considered null and void as all procedures leading up
to the charges preferred against the Plaintiffs were done by email and
telephone communication.
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