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  2. The bylaws state that amendments take effect at the close of the annual meeting. A bylaw revision is considered and adopted without the requirement that amendments take effect at the close of the annual meeting. 1 Do the revised bylaws take effect immediately as prescribed by RONR? or 2 Do the revised bylaws take effect at the close of the annual meeting as prescribed by the previous bylaws? and if the answer to 2 is yes 3 Can a proviso be adopted before the consideration of the bylaw revision stating that the revised bylaws if adopted take effect immediately?
  3. Our Bylaws do not contain the word "suspended" or any form thereof.
  4. No, I don't think we can say your statement is incorrect. You may... or may not... be correct when you say that her membership was suspended in all respects. I think it depends on precisely what the motion or order of suspension states. If it says her rights of membership (or certain rights) are suspended, that means one thing. But if it says "she is hereby suspended as a member of this organization", I believe that means something else entirely. Ultimately, I believe it is a legal question, not a parliamentary one, and a question of interpreting your organization's bylaws.
  5. My apologies. I did not see this response before I made my last comment.
  6. So if I understand everyone correctly, my statement: "Her membership was suspended in all respects," is incorrect. She can continue her membership, albeit a member not in good standing. Many thanks.
  7. Isn't that a legal question, or at least a matter of interpreting the organization's bylaws, rather than a parliamentary issue for which RONR provides an answer? If RONR does say that a member whose membership has been suspended is nonetheless still a member, I would appreciate a citation. I cannot find any such statement. btw, the original poster did not say the members rights are under suspension. He said her membership has been suspended (or that the member "has been placed on suspension"). I am, however, aware of organizations which provide that if a member is suspended, he ceases being a member for the period of the suspension and must sometimes (but not always) re-apply for membership when the period of suspension is over. Some make reinstatement of membership automatic upon completion of the suspension and some require re-application. We have not seen this organization's bylaws in their entirety and don't know what they say regarding the effect of being suspended as a member. I just don't think we have the information we need nor the right to say definitively whether this person, who has been suspended from membership, is still a member. I believe such a determination is legal in nature and beyond the scope of this forum, and especially based on the limited information we have. Edited to add: in addition, we have not seen The actual motion or order suspending the member. The exact language in that order might well be determinative. If it says the member’s rights of membership are suspended, it means one thing. But if it says her membership is suspended, or she is suspended as a member, I believe that could mean something quite different End it is up to this organization itself to interpret what it means.
  8. A person whose rights are under suspension is still a member. A person is only removed from membership entirely if they are expelled. Yes, and that is precisely what I am saying. This person is a member, but is not in good standing.
  9. You must attempt to fill the vacancy. The only way to do away with the office is to amend the bylaws.
  10. A person may be a member, but not a member in good standing.
  11. I’m not so sure. I gave a lot of thought to that statement by Mr. Martin last night and even spent some time researching it. I am still unsure, although Mr. Martin may indeed be technically correct. The motion to reconsider is classed as a “bring back motion”, which is not always a main motion. RONR says that all main motions which are not withdrawn should be recorded in the minutes. if I were the secretary, I would state that “a motion to reconsider the motion to paint the barn red from January XX was made by John Smith and seconded by Jack Jones. The motion to reconsider was adopted. (Edited to remove the vote count) From there I would proceed as Mr. Martin suggested. When it is time to approve the minutes, the assembly could approve the minutes as you prepared them or could order a correction so that they read the way Mr. Martin suggested.
  12. Thanks much. So to be clear, there is no need to record the motion and vote to reconsider or the motion and vote for the amendment.
  13. You about had me persuaded until your last paragraph, quoted above. I disagree with that statement. Actually, I don’t think this statement makes sense. Does that statement say exactly what you intended to say? For years in this forum, whenever the question of whether a member is in good standing has arisen, our response has been that it is up to the organization in question to determine what it takes for a member to be in good or bad standing. I think it is absolutely possible for a person to be a member but not be in good standing. Edited to add: I think that for me the question here boils down to whether this person is a member not in good standing or whether she is not a member at all at this point in time if her membership has been suspended.
  14. I think I am on same page as Mr. Martin. If someone has been suspended from membership, it is a suspension of all of their rights of membership, excluding disciplinary action. I would not make the argument, for example, that the assembly could not further discipline a suspended member, and expel that member, if some new offense was discovered; the due process right of the suspended member remains even in this case. I would further note that the some of the various rights of membership can be suspended, while others remain intact (p. 662, ll. 25-31). A person may not, at some point in time, be a member in good standing, but still be a member.
  15. Her membership was suspended in all respects. My initial thought was if we allow her to pay membership dues for 2020, we would actually be going against our bylaws because it clearly states a member cannot have any active disciplinary actions against them. There is no mention of what that means for suspension. We also don't know if it could be construed that by accepting her membership dues, we are somehow affecting the validity of the suspension.
  16. I understand that if there are no nominees for a position, there is still a ballot in which members may vote for anyone they wish, and the person who is elected is given the option to accept or decline (immediately if present; when notified if absent). What if this happens repeatedly—i.e., nobody wants to fill the role? Can the assembly: postpone completing the election? postpone it to a time after the officers-elect are due to take office (if a time is provided in the bylaws)? postpone it indefinitely? amend the bylaws to remove the office and assign its powers and duties to other offices? (I presume the answer is yes) adopt some sort of motion (other than a bylaws amendment) that particular other officers shall fulfill the duties of the vacant office? (What vote would be required?) take some other action to avoid having to complete the election? And while the office remains vacant, who exercises its powers and duties? (Perhaps this has been asked elsewhere.)
  17. Would you allow those comments during the original discussion of the motion? If you would, then they are in order during discussion of rescission. For what it's worth, I think the topic of whether or not the organization should be designating official foods at all is germane to a motion about designating an official fruit. I think it would be way too narrow to limit the discussion just to whether or not bananas should be the official fruit. But the decision is up to the presiding officer, subject to appeal to the assembly.
  18. At a meeting, a society adopts a motion "to designate bananas as the official fruit of the Society", in addition to multiple other motions designating various other food items, such as official cereal and official pancake mixes. Later, the members learn unsavory information about bananas, to the extent that a member moves to rescind their designation as the official fruit. In debate, another member speaks in support of the rescission. The member's remarks include the following: "This is why we should be wary of designating official food items in the future—we always run the risk of not having enough information, and then we have to publicly embarrass ourselves by rescinding the designation." Because the member's comments do not relate directly to the pending question, which is about bananas, are the member's comments in order?
  19. I initially started to say that I agree with JJ and with Mr. Martin's comments. However, upon further reflection, I'm not so sure. You say this member was suspended for one year. Was her membership suspended or is she just under some restrictions as to her rights as a member? If her membership has actually been suspended... in ALL respects... then I think there is a real question as to whether she must or should be allowed to pay dues for the year of her suspension. The question may be, "If a member's membership is suspended, is that person still a member while the membership is suspended?" Being a member not in good standing seems to me to be different from having the membership suspended. I see how this can be interpreted either way. It is ultimately up to the members of this organization to interpret its bylaws. We cannot do that for you.
  20. Thank you, Shmuel. I am very sorry to hear of his passing. I have always been particularly fond of Dr. Stackpole. I have admired him since my days on the "old" forum 20 years or so ago back in the late 90's and early 2000's. My first NAP convention was the 2003 Convention in San Antonio, where I shared a room with another of our recently departed contributors, Gary Tesser. Meeting Dr. Stackpole at that convention and getting to spend time with him was one of the highlights of the convention and something I had most looked forward to. Getting to know Gary Tesser and George Mervosh, who were also very active on the old forum, were probably the other two highlights for me at that convention. I will miss Dr. Stackpole's regular lectures about the problems with "co-anythings"!
  21. I, too, am sorry to hear of his passing. He was a regular contributor on this forum from whom I learned a great deal.
  22. She can be a member, she just can’t be a member in good standing. A suspension does not remove someone from membership in the society, it just deprives them of some (or all) of the rights of membership for the duration of the suspension. So she can indeed pay her dues, and is in fact required to do so if she wishes to not have her membership terminated completely. It does seem that there is not really much benefit in doing this in the present circumstances, but it’s her money. As to what to do with her check, cash it like any other check.
  23. I would recommend something like the following. The relevant section of the minutes for the meeting on Day 1 would read: Mr. X moved, and Mr. Y seconded, "to paint the barn red.” The motion was adopted by a vote of 13 in the affirmative and 1 in the negative. The relevant section of the minutes for the meeting on Day 2 would read: The adopted motion “to paint the barn red” was reconsidered. After debate and amendment, the motion “to paint the barn red by May 1st” was adopted.
  24. Yes. "Any membership renewal not received on or before January 31 shall result in the termination of membership-in-good-standing status and shall require a new member application to be reinstated as a member." However, we also have a clause that states "A new membership accepted after November 1st shall have his/her dues applied to membership for the following year..." If the check is deposited, she is paying for membership she cannot use until the date she could apply as a new member.
  25. Unless your bylaws say otherwise, she would remain under a disciplinary action even if she paid her dues. Do the bylaws state that a member is dropped from membership if the don't pay their dues?
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