Guest Coleman Walsh Posted April 5, 2015 at 06:33 PM Report Share Posted April 5, 2015 at 06:33 PM An amendment to an organization's by-laws is presented that the moderator reasonably believes exceeds the scope of the by-laws' subject matter. The organization's by-laws are silent on what authority the moderator has beyond presiding at the business meetings and, where appropriate, complying with Roberts Rules of Order in the conduct of the meeting. Does the moderator have the authority to rule the proposal out-of-order, explain his basis therefor, and then permit the body to vote to overturn his ruling should they desire to do so? Link to comment Share on other sites More sharing options...
Chris Harrison Posted April 5, 2015 at 06:48 PM Report Share Posted April 5, 2015 at 06:48 PM Yes. If the Chair (Moderator) believes a proposed amendment exceeds scope of notice he should rule so and such a ruling is subject to an Appeal. Also, making such a ruling (when done during a meeting) is within the Moderator's duty to preside at meetings (RONR p. 450 ll. 14-17). Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted April 5, 2015 at 06:53 PM Report Share Posted April 5, 2015 at 06:53 PM Also, "No motion can be introduced that is outside the object of the society or assembly as defined in the bylaws (see p. 571), unless by a two-thirds vote the body agrees to its consideration." (p. 343, l. 33 to p. 344, l. 1) Link to comment Share on other sites More sharing options...
Scorpion Posted April 5, 2015 at 06:58 PM Report Share Posted April 5, 2015 at 06:58 PM It is difficult to understand how a proposed amendment to the bylaws can exceed the scope of the bylaws' subject matter. Link to comment Share on other sites More sharing options...
Edgar Guest Posted April 5, 2015 at 07:08 PM Report Share Posted April 5, 2015 at 07:08 PM Yes. If the Chair (Moderator) believes a proposed amendment exceeds scope of notice he should rule so and such a ruling is subject to an Appeal.Although it's apparently not the scope of the notice that's at issue, it's the "scope of the bylaws" (whatever that means). It is difficult to understand how a proposed amendment to the bylaws can exceed the scope of the bylaws' subject matter. Perhaps Mr. Walsh will explain. Link to comment Share on other sites More sharing options...
Edgar Guest Posted April 5, 2015 at 07:11 PM Report Share Posted April 5, 2015 at 07:11 PM Also, "No motion can be introduced that is outside the object of the society or assembly as defined in the bylaws (see p. 571), unless by a two-thirds vote the body agrees to its consideration." (p. 343, l. 33 to p. 344, l. 1) But surely the bylaws can be amended to change the object of the society and it's an amendment to the bylaws that's being considered here. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted April 5, 2015 at 08:01 PM Report Share Posted April 5, 2015 at 08:01 PM But surely the bylaws can be amended to change the object of the society and it's an amendment to the bylaws that's being considered here. That is a good point. The bylaws could be amended by a two-thirds vote with previous notice or by the vote of a majority of the entire membership, unless the bylaws provide otherwise for their amendment. Link to comment Share on other sites More sharing options...
Josh Martin Posted April 5, 2015 at 08:26 PM Report Share Posted April 5, 2015 at 08:26 PM An amendment to an organization's by-laws is presented that the moderator reasonably believes exceeds the scope of the by-laws' subject matter. The organization's by-laws are silent on what authority the moderator has beyond presiding at the business meetings and, where appropriate, complying with Roberts Rules of Order in the conduct of the meeting. Does the moderator have the authority to rule the proposal out-of-order, explain his basis therefor, and then permit the body to vote to overturn his ruling should they desire to do so? The moderator does have the authority to rule a motion out of order, subject to Appeal, but I don't see how an amendment to the bylaws can be out of order on the grounds that it exceeds the scope of the bylaws' subject matter. The amendment, if adopted, will expand the subject matter of the bylaws to include it. As noted, some additional facts may be helpful. Link to comment Share on other sites More sharing options...
Edgar Guest Posted April 5, 2015 at 09:05 PM Report Share Posted April 5, 2015 at 09:05 PM . . . I don't see how an amendment to the bylaws can be out of order on the grounds that it exceeds the scope of the bylaws' subject matter. The amendment, if adopted, will expand the subject matter of the bylaws to include it. Well, we don't know what this amendment is. It's possible that it exceeds the scope of the bylaws' subject matter without expanding that scope. Link to comment Share on other sites More sharing options...
Richard Brown Posted April 5, 2015 at 11:17 PM Report Share Posted April 5, 2015 at 11:17 PM I have seen bylaws that limit the way certain provisions can be amended and even some that prohibit certain amendments. So, a proposed amendment which violates the prescribed procedure might well be out of order. It would be necessary to first amend the provision which restricts or prevents the amendment being proposed. Link to comment Share on other sites More sharing options...
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