Guest James Lingeman Posted March 17, 2013 at 04:19 PM Report Share Posted March 17, 2013 at 04:19 PM Our Bylaws provide they can be ammended by a simple majority of the quorum. Assuming we have a legal quorum of 40 persons and 18 vote in favor and 12 vote opposed with 10 abstentions, would that ammended the Bylaws. Link to comment Share on other sites More sharing options...
Guest Edgar Posted March 17, 2013 at 04:26 PM Report Share Posted March 17, 2013 at 04:26 PM The phrase "majority of the quorum" is ambiguous at best; meaningless at worst. Link to comment Share on other sites More sharing options...
Rev Ed Posted March 17, 2013 at 04:50 PM Report Share Posted March 17, 2013 at 04:50 PM Hey, at the end of the day it's up to the organization to determine the meaning of its own By-laws. So, if that is how you determine what the By-law means, then that's what it means. But it a confusing statement. If the organization's intention is to be allowed to amend the By-laws by a majority of members present, then say that, or if you mean a majority of votes cast then say that. It would be better to amend the By-laws to make that section clear and simple to understand. Link to comment Share on other sites More sharing options...
alanh49 Posted March 17, 2013 at 05:06 PM Report Share Posted March 17, 2013 at 05:06 PM Our Bylaws provide they can be ammended by a simple majority of the quorum. Assuming we have a legal quorum of 40 persons and 18 vote in favor and 12 vote opposed with 10 abstentions, would that ammended the Bylaws.No,, because 18 is not a majority of 40I would also note that while RONR doesn't define it the Standard Code defines "A majority vote of the quorum" to "mean a majority of those present and voting, assuming a quorum is present, with further stipulation that the affirmative vote must include a majority of the number required for a quorum." page 139 5th edition.. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 17, 2013 at 05:24 PM Report Share Posted March 17, 2013 at 05:24 PM Do your bylaws adopt RONR as the parliamentary authority?Is your quorum 40 members exactly, or is it that 40 were present, satisfying your quorum number? Link to comment Share on other sites More sharing options...
alanh49 Posted March 17, 2013 at 05:56 PM Report Share Posted March 17, 2013 at 05:56 PM Do your bylaws adopt RONR as the parliamentary authority?Is your quorum 40 members exactly, or is it that 40 were present, satisfying your quorum number?Good point I read 40 to be the number that was needed to make a quorum but if it's not and the actually number is 35 of less a vote of 18 yes to 12 no would be enough to amend the bylaws. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 17, 2013 at 06:45 PM Report Share Posted March 17, 2013 at 06:45 PM Our Bylaws provide they can be ammended by a simple majority of the quorum. Assuming we have a legal quorum of 40 persons and 18 vote in favor and 12 vote opposed with 10 abstentions, would that ammended the Bylaws.It is ultimately up to your organization to interpret its own Bylaws. See RONR, 11th ed., pgs. 588-591.No,, because 18 is not a majority of 40I would also note that while RONR doesn't define it the Standard Code defines "A majority vote of the quorum" to "mean a majority of those present and voting, assuming a quorum is present, with further stipulation that the affirmative vote must include a majority of the number required for a quorum." page 139 5th edition.It is ultimately up to the organization to interpret its own Bylaws, and while other parliamentary authorities may be considered persuasive, they are not binding on the assembly (and discussing them is beyond the scope of this forum).I would note, however, that (as I recall) the authors of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure consider it to be a new text. While it is based on the principles of The Standard Code of Parliamentary Procedure, it is not considered to be the "fifth edition" of that text.In my personal experience, I find that many societies use the term "majority vote of the quorum" to mean "a majority of those present and voting, assuming a quorum is present" without any additional stipulations. Link to comment Share on other sites More sharing options...
g40 Posted March 18, 2013 at 01:28 PM Report Share Posted March 18, 2013 at 01:28 PM In my personal experience, I find that many societies use the term "majority vote of the quorum" to mean "a majority of those present and voting, assuming a quorum is present" without any additional stipulations.I believe that this is what many organizations mean by the term, although I believe it is ambiguous. Link to comment Share on other sites More sharing options...
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