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jstackpo

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Posts posted by jstackpo

  1. 6 minutes ago, Josh Martin said:

    As a result, if a motion to adopt Budget A and a motion to amend by substituting Budget B are made, a member who wishes to consider Budget C should speak in debate and urge members to defeat the motion to substitute, and that he will offer a motion to substitute Budget C if this occurs.

    Hold on here:  it would be perfectly proper to move to substitute C for B  when B is pending as a primary amendment.  See p. 154, footnote.   Doing so will, however, block any amendments to C while it is pending.   And limit them if C is adopted as a replacement for B.

  2. Before you go to a lot of work, you might want to check to see if the Board has the authority to set (or amend) rates in the first place  - that question may be governed by your state (utility-?) laws.  Whether the coop membership can override the board in rate-setting  might also be in the law(s).

  3. Or you could gin up a more complex proviso that spelled out some sort of transition steps that will take you, your association, from the current structure to the new one.  You can adopt whatever pleases you, as long as a majority agree to the proviso, and 2/3 (unless you bylaws say something else) agree to the adoption of the new bylaws.

  4. After you have read the section, please let us know what you mean by   "...requires a constitution to be accepted"   Who is doing the accepting, and who sez they have the right to accept (or reject) the new constitution?

    Perhaps you mean the (future) members of the association being formed have to adopt the constitution.  If that is what you meant, fine, no problem.

  5. 13 minutes ago, Guest Margaret said:

    The chair and the vice chair believe that they (as officers) have the authority to bypass that procedure and make decisions on their own, on a case-by-case basis. 

    Well, the chair (and vice-chair) had better produce some documentation in the bylaws giving them that authority, before they get in trouble with the membership.  Mere "belief" ain't gonna cut it.

  6. If a member wishes to raise  point of order (which is a member's right), that has to take place in an actual meeting so it, the point and the chairman's ruling on the point, &c (see page 247ff.), can be dealt with by standard procedure.  So in answer to your questions (in the order you asked):

    Handle?:  Don't put it in the minutes

    Majority?: Good, vote down any motion proposing to put the "addendum" in the minutes

    If disapprove?:  No, the rest of the minutes will remain as (either previously or eventually) approved

    Charges?:  None whatsoever. See Chapter 20.

    Point?:  Nope - first paragraph above.

    BTW an "addendum" to minutes (even if proper) IS an amendment to the minutes.  Any change to something proposed (or previously adopted) is an "amendment".

    Addendum(!):  And Dan types faster, and says less, than I do.

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