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Amendment likely not germane


CornelR

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State Rules committee meeting. Addressing three resolutions related to tidying up the rules regarding the Judicial committee. Someone moved an amendment to do away with the Judicial committee. Amendment passed. Judicial committee gone (if main body approves rules committee report). Seems not germane and addresses issues not in controversy in the main motion which was to adopt the particular rule change.

I was not there so details are second hand.

 

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If nobody raised a "not germane" point of order at the time the "do away" amendment was offered, it (probably) is too late now.  Points of order have to be timely. p. 250.

However - and here is where "probably" comes in - if amendments to the rules require notice, then introducing an amendment that was not given notice (the "do away" amendment) may be an "absentee right" violation - p. 251 - setting up a continuing breach.  That could be "point-of-ordered" anytime, next meeting.

From what you write, it appears the "main body" will have a whack at all the (proposed?) amendments anyway, and could defeat that one, if it wished.

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Judicial committee rule established by organization 5-6years ago by addition of the rule creating and defining it and its duties.
Rethought germane issue -  yes should have been raised timely. Believe it was probably germane as well since it addressed much of the text of the rules surrounding the procedures of the rules committee. The motion to amend and do away with it seems appropriate.
The main body will indeed have a whack at it as well.
Thank you

 

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Was/is this an amendment to the bylaws?    If so, I'm more concerned about the "scope of notice" than gemaneness.  It might indeed be germane in the sense that it is genuinely related to the original motion, but if it is a bylaw amendment, I suspect an amendment to abolish the judicial committee might have been outside the scope of notice, if notice of the original proposal was required or given.

However, if the rules committee is merely making a recommendation that can be accepted or rejected by the "main body" (the membership?), then scope of the notice is probably not an issue.  We don't know enough about your rules and procedures to venture an opinion on that.

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