germaineness of an amendment

[Guest Guest]

The by-laws have defined relationship (dues) and between membership classifications. This differential was integral to the classifications when adopted in the bylaws. Past practice has been to maintain the differential when dues are increased. A motion to increase the dues which embodies the stated differential is on the floor. Is an amendment that changes this differential germaine?

[Tim Wynn]

The by-laws have defined relationship (dues) and between membership classifications. This differential was integral to the classifications when adopted in the bylaws. Past practice has been to maintain the differential when dues are increased. A motion to increase the dues which embodies the stated differential is on the floor. Is an amendment that changes this differential germaine?

Sounds like it, but I'm not sure I'm clear on the question.

[Rev Ed]

From what I can understand, here is the situation:

1) There are several classes of membership. For the time being let's call them Class A, Class B, and Class C.

2) Let's say the membership dues are $100 (Class X), $75 (Class Y, and $50 (Class Z).

3) Let's say there is a motion to raise the rates by $25 to each class ($125, $100, and $75 respectfully.)

The question to me is if an amendment to the motion to raise the rates to different amounts, say $125 (Class X), $95 (Class Y, and $65 (Class Z). To me, unless the By-laws state that there must be a $25 difference between the classes, or a percentage difference (Class Y's dues being 75% of Class X's, and Class Z's membership rates being set at 50% of Class X's) then it would be okay to set the membership dues at any amount and any difference in amounts is okay. At least according RONR.

[David A Foulkes]

From what I can understand, here is the situation:

1) There are several classes of membership. For the time being let's call them Class A, Class B, and Class C.

2) Let's say the membership dues are $100 (Class X), $75 (Class Y, and $50 (Class Z).

3) Let's say there is a motion to raise the rates by $25 to each class ($125, $100, and $75 respectfully.)

The question to me is if an amendment to the motion to raise the rates to different amounts, say $125 (Class X), $95 (Class Y, and $65 (Class Z). To me, unless the By-laws state that there must be a $25 difference between the classes, or a percentage difference (Class Y's dues being 75% of Class X's, and Class Z's membership rates being set at 50% of Class X's) then it would be okay to set the membership dues at any amount and any difference in amounts is okay. At least according RONR.

The one thing I'm wondering here, if your example is close to Guest_Guest's question, is that scope of notice may not allow certain amounts to be proposed in the primary amendment. For example, raising Class X's due's to $130.

Hopefully, Guest_Guest will break through the security wall and let us know what s\he's really asking about.

BTW Rev Ed - is it ABC or XYZ??

[Rev Ed]

The one thing I'm wondering here, if your example is close to Guest_Guest's question, is that scope of notice may not allow certain amounts to be proposed in the primary amendment. For example, raising Class X's due's to $130.

As long as there was notice of the issue, why would the amendment not meet the requirements for notice? People know the issue will be discussion and voted on.

BTW Rev Ed - is it ABC or XYZ??

I got a smiley face for most of the capital b's, and did not notice the one time it worked as planned.

[David A Foulkes]

As long as there was notice of the issue, why would the amendment not meet the requirements for notice? People know the issue will be discussion and voted on.

I'm referring here to the example on p. 595. If notice is given to increase dues for Class X members from $100 to $125, a primary amendment to strike $125 and insert $130 would violate the scope of notice and be out of order. Amounts greater than $100 or less than $125 would be allowed, but nothing outside those boundaries.

[Rev Ed]

Okay. Thanks - missed that one. One of the few restrictions on amendments (i.e you can't just amend to any number you want.) But my point is still valid - if the difference in dues between classes can be anything as long as the By-laws do not state that the difference must be a specific amount (i.e. $25 difference) or a percentage (say 75% or 50% of a 'full' member.)

[Trina]

The by-laws have defined relationship (dues) and between membership classifications. This differential was integral to the classifications when adopted in the bylaws. Past practice has been to maintain the differential when dues are increased. A motion to increase the dues which embodies the stated differential is on the floor. Is an amendment that changes this differential germaine?

Does this mean the differential is specifcally described in the bylaws? As in, "class Y members shall pay $25 more than class Z members; class X members shall pay $25 more than class Y members"?

Is the motion on the floor a motion to amend the bylaws? Or just a regular motion?

My thought, based on the information given so far, is that the exact amount of dues may not be mentioned in the bylaws, but perhaps only a description of who has authority to change the dues. In that case, the motion currently on the floor would just be a plain vanilla motion (not a motion to amend bylaws). Such a motion cannot be amended to change (or violate) any rule written in the bylaws, independent of whether the proposed amendment to the motion is germane.