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Bylaw Question


Irene

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Our bylaws state our mtgs will be held the first Tuesday of every month, however due to the weather by email/text the president notified the membership the mtg was canceled and we would be notified of the new date. Again, thru text/email the membership was notified the meeting would be held the 3rd Tuesday of the month. Then days later an email/text was sent to the membership that we would not be voting on a proposed bylaw change. Our bylaws state the proposal is proposed & read at one mtg (done in Jan) then voted on at the next mtg.(Feb) When we had our Feb mtg. I asked that we vote on the proposed change. The membership was told that the mtg wasn't a regular mtg, because our bylaws state our mtgs are held the first Tuesday of the month. Yet all business was done as usual minutes, treasurer report, and voting on several issues, etc, etc. Am I correct in thinking that this was a regular mtg? What can I do and or say to the executive board? Is there a Roberts Rule article/paragraph/page #?

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Our bylaws state our mtgs will be held the first Tuesday of every month, however due to the weather by email/text the president notified the membership the mtg was canceled and we would be notified of the new date. Again, thru text/email the membership was notified the meeting would be held the 3rd Tuesday of the month. Then days later an email/text was sent to the membership that we would not be voting on a proposed bylaw change. Our bylaws state the proposal is proposed & read at one mtg (done in Jan) then voted on at the next mtg.(Feb) When we had our Feb mtg. I asked that we vote on the proposed change. The membership was told that the mtg wasn't a regular mtg, because our bylaws state our mtgs are held the first Tuesday of the month. Yet all business was done as usual minutes, treasurer report, and voting on several issues, etc, etc. Am I correct in thinking that this was a regular mtg? What can I do and or say to the executive board? Is there a Roberts Rule article/paragraph/page #?

First, nothing in RONR gives the President the authority to cancel meetings nor to reschedule one. Next, Special Meetings cannot be called unless the bylaws specifically provide for them and even if they do you would need to follow their requirements for calling one (RONR pp. 89-90).

So unless:

1) The bylaws provide for the calling of Special Meetings, and

2) The President had the authority under the bylaws to call a Special Meeting, and

3) All notice requirements were followed regarding the calling of the Special Meeting...

everything that was done in the meeting is null and void (RONR p. 244e). In addition only items that were included in the call of a Special Meeting can be validly conducted.

What you all should have done was to call the meeting to order on the 1st Tuesday of the month and then set up an Adjourned Meeting (RONR pp. 234-240) for whatever date you wanted. However, if a quorum was to show up business could have been validly conducted at that meeting in early February.

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What you all should have done was to call the meeting to order on the 1st Tuesday of the month and then set up an Adjourned Meeting (RONR pp. 234-240) for whatever date you wanted. However, if a quorum was to show up business could have been validly conducted at that meeting in early February.

And can this be accomplished if only 1 person shows at the appointed time & place?

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And can this be accomplished if only 1 person shows at the appointed time & place?

Yes. Though the more members who show up, the greater the corroboration that nothing fishy was going on. It would be nice if at least two members were there so one could be the chair pro tem and the other, the secretary pro tem, the two famously "essential" officers.

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What grounds do I have if the executive board insists on keeping the minutes, votes that were done at this "non" - regular mtg?

It doesn't matter what the board insists. It was a general membership meeting, so it's not the board's decision. Raise a Point of Order at the next general membership meeting that the actions taken are null and void. When the President rules your point not well taken, Appeal from the decision of the chair. A majority vote is sufficient to overturn the chair's ruling.

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