Proper Notice for change in bylaws

[lthistle17]

I have a few questions regarding proper notification in order to change bylaws.  The organization (a Union) I am apart of recently voted in changes to the bylaws.  In the current bylaws it states, “Bylaws shall be adopted and amended only after a one month notice to the local’s membership and by two-thirds vote of members, either present at the meeting and voting, with provisions for absentee vote, or by mail ballot. Such bylaws do not require NEC approval. Locals shall send a copy of their bylaws, the notice and membership meeting minutes to the district office." 

 

1) What is proper notice and what must be stated in the notice?

   The one month notice they sent out was after a meeting and stated that smeone moved to open to amend the bylaws and proposals would be made at the next meeting.  In that same email they said to come to the meeting with your proposal and gave format in which to present it.  The same email (notification) also stated that they would be voted on in the next meeting (the same meeting they are proposed) as well and only by those present at the meeting.   My understanding of RONR and past practice with two other organizations was that they would be proposed then tabled.  Voting woudl occur the meeting following the meeting they were proposed.  After the meeting, the proposed changes would be sent out to all members, so they could read them and be able to think about friendly amending or voting yes or no.  Also to make arrangements for an absentee vote.  Does this count as proper notice of the changes since nothing was presented or brought up in the meeting in which it was voted to open the bylaws up to changes? It was just brought up to amend and come to the next meeting with proposals. Nothing was stated. 

 

2) Are they in violoation of the bylaw stated above?

  If the above counts as proper notice, then is the Union still in violation because they did not offer any provisions for absentee ballot voting, which is clearly stated in the current bylaw?  Or am I misinterpretting the current bylaw stated above? In what they claim to be the notice, they blatantly stated you had to come to the meeting to vote: zero provisions were made for absentee votes.  How would someone be able to put in an absentee vote if they have no idea what they are voting on? Again this brings me back to the understanding of RONR that they should be tabled, members should be notified as to exact changes, and changes would be voted in the following meeting.  In doing this an absentee ballot vote may be submitted and the member would be able to know what they are voting on.

 

3) If they are in violation, then what could be my next course of action be?

I informally went to the Executive Board with my concerns and they have stone walled me. They believe proper notice was sent and they are within their rights.

 

 

Sorry for the wordiness, but I tried to get everything in there.  Any help in clarification would greatly be appreciated or if more information is needed I'd be happy to supply it.

 

 

[Edgar Guest]

My understanding of RONR and past practice with two other organizations was that they would be proposed then tabled.

No. See FAQ #12.

 

Sorry for the wordiness, but I tried to get everything in there.  Any help in clarification would greatly be appreciated or if more information is needed I'd be happy to supply it.

Instead of trying to "get everything in" I think you might do better if you post separate, specific, questions as separate topics.

[Gary Novosielski]

The language is somewhat ambiguous.  It's hard to tell whether the "either...or" section on voting methods comprises two choices, or three.  Apparently whoever sent the notice thought there were three alternatives, and chose the first of the three.

 

It's not at all clear to me who or what body is sending the notice, and on whose behalf.  Nor is it possible to answer whether the notice is sufficient, since your bylaws seem very general on the topic.

 

It's ultimately up to your organization to determine what your bylaws mean.

[Josh Martin]

1) What is proper notice and what must be stated in the notice?

Does this count as proper notice of the changes since nothing was presented or brought up in the meeting in which it was voted to open the bylaws up to changes? It was just brought up to amend and come to the next meeting with proposals. Nothing was stated. 

 

No, this is not proper notice. Proper notice includes the "scope and purport" of the proposed amendments, although it doesn't need to include the exact wording.

 

2) Are they in violoation of the bylaw stated above?

  If the above counts as proper notice, then is the Union still in violation because they did not offer any provisions for absentee ballot voting, which is clearly stated in the current bylaw?  Or am I misinterpretting the current bylaw stated above? In what they claim to be the notice, they blatantly stated you had to come to the meeting to vote: zero provisions were made for absentee votes.  How would someone be able to put in an absentee vote if they have no idea what they are voting on?

 

I don't think it's clear at all. I'm not certain if the rule in question is intended to mean that the society has the option of all members voting at the meeting or all members voting absentee, or it means that the society must always provide members with either option and mix and match absentee votes and votes at the meeting (which is a terrible idea). Of course, the notice is invalid, so this issue is moot for now.

 

3) If they are in violation, then what could be my next course of action be?

I informally went to the Executive Board with my concerns and they have stone walled me. They believe proper notice was sent and they are within their rights.

 

Raise a Point of Order, followed by an Appeal if necessary, at the next meeting of the membership.

 

The language is somewhat ambiguous.  It's hard to tell whether the "either...or" section on voting methods comprises two choices, or three.  Apparently whoever sent the notice thought there were three alternatives, and chose the first of the three.

 

It's not at all clear to me who or what body is sending the notice, and on whose behalf.  Nor is it possible to answer whether the notice is sufficient, since your bylaws seem very general on the topic.

 

It's ultimately up to your organization to determine what your bylaws mean.

 

I concur that it's up to the organization to determine what its bylaws mean, but "bring proposals to the next meeting" is certainly not sufficient notice so far as RONR is concerned, and it seems doubtful (at best) that the bylaws permit such a vague notice.