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QuiksilverHg

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  1. Thank-you to everyone for your replies so far. The comments have generally aligned with my understanding, including that I thought I was unlikely to be able to claim first-speakership at a committee I am not a member of. I would however like to circle back to 57:14, part of which states, “When the bylaws do not place a limitation on those who can give notice of a bylaw amendment, any member is entitled to do so.” It also states, “The society is responsible for paying the cost of sending such notice, not the member proposing the amendment.” While I agree that our clerk is roughly equivalent to a secretary as recognized by RONR and that our bylaws seem to imply that [she] normally send out notice, there is nothing in the bylaws explicitly placing a limit on who may send out notice, so why would I not be entitled to use church resources to do so? Based on what I am reading here and in RONR, my current plan will be to at the end of the business meeting, when there is normally a call for new business, gain the floor and say, “I would like to serve notice to those present for consideration of a bylaws amendment to add the following “xxxxxx” at the October Business Meeting. I request that our church clerk send out written notice to the members as required by our bylaws.” Based on my readings of chapter 10:44 forward, I do not believe I can elaborate at that time. If the chair declares my notice out of order, I can appeal (which my wife can second, or I could probably find any number of other people). I give the chair the first right to speak after which point I can give the entire history of how I tried to bring this up at a town hall, the Pastor’s and select deacons held a secret meeting, came up with their own interpretation of the bylaws (despite no authority to do so), refused to send notice, and presented an, I believe, incomplete picture of the bylaws to the deacons. I do not believe that I am directly impugning anyone’s reputation with those statements (though I realize I am having to walk a careful line, and welcome any input on better ways to phrase things). I would then go on to say that if the staff continues to refuse to send notice, I am authorized to send notice to myself based on RONR 57:14 (and read the specific line I quoted above). Thank-you again for any input and advice.
  2. Thank-you to everyone for the replies so far. I am happy to include the relevant sections of the bylaws for consideration. Also of note, Josh Martin alluded to a secretarial position; our church has an elected Clerk position, but not a secretary. I will include the description of the clerk for reference. My position in the church is only as a church member, I am not a deacon or a member of any committee. All members have full membership rights at business meetings. The position of the Pastors and their like-minded deacons is that sending notice of a bylaws amendment requires meeting the steps for a special meeting. My position is that in 7.3, though the wording is a little backwards, it is stated that the "following business" can be acted on at a special meeting (as in 7.4) OR at a regular monthly business meeting provided notice as specified is given... since a special meeting is not required, I should not be required to meet the burdens of a special meeting before sending out notice. Their position is that even though the bylaws say that it can be done at a monthly business meeting... that since it is one of the listed business items requiring notice, that I am required to meet the requirements of the special meeting by either presenting written request from 50 members of the church, or bringing it to the voting deacons (note the chair already presented it to the deacons along with presenting their bylaws interpretation as a fact that is not under dispute). I did ask, "If truly your concern is only with bylaws compliance, and you aren't trying to add any obstacles to the church voting then even under your own interpretation, you (a pastor) could call a special meeting on your own authority." He refused...as did the deacon-chair in a later conversation I also found an additional section in RONR that I believe would apply in this case... in section 57:14 it states that "...When the bylaws do not place a limitation on those who can give notice of a bylaw amendment, any member is entitled to do so..." It later states that the society is responsible for any of the costs of sending this notice (Mr. Martin alluded to concern over me using the society's resources above) So first I am interested to hear anyone's opinion as to how well my or the pastors' positions align with the bylaws. I am aware that any opinion here would not be binding on our society and that I will have to solve this with a bylaws interpretation request to our church at the next business meeting; but I would welcome the input to assist me in framing my argument as that is my next step. The deacon-chair brought my proposed amendment to the deacons against my expressed wishes, and did not inform me of its inclusion in that meeting, or afford me any chance to speak. In RONR if my motion is brought to a committee of this same society when I am not a member of that committee, should I still be able to assert my right to speak first in debate of my motion? (there are no rules in the bylaws in the affirmative or negative about non-members attending committee meetings, but the senior pastor does regular attend committees he is not a member of, and he has no more delineated right to do so in the bylaws than any other member) Next, am I correct in stating that I fully have the right to send notice myself as a member of this society if the pastors continue to refuse to send notice (ref: RONR 57:14)? Perhaps most importantly I would welcome any advice in bringing this bylaws interpretation question at the next meeting. Do I present as a motion to interpret the bylaws such that no special requirements exist prior to sending notice? Do I raise it as a point of order against a continuing violation (as in 23:6)? Or is there another method prescribed for answering a bylaws interpretation question? Lastly, can anyone offer any advice on how I call attention to the {I believe} egregious behavior in: trying to arbitrate the bylaws in secret; excluding me from meetings regarding my motion; and misrepresenting the bylaws to the deacons while not sharing that their interpretation is in dispute; without opening myself to reprimanded by the chair for attacking another member? Thank-you to all for your input. Section 3.5. Church Clerk. The church clerk shall: prepare and keep a full and complete record of all proceedings of the church; maintain a list of all members; write all letters directed by the church; maintain the charter and bylaws as then in effect; maintain a list of all church committees, their respective memberships and purpose statements, if any; and authenticate church records, when necessary. The church clerk shall be elected to a one-year term by the congregation upon nomination by the nominating committee. The church clerk may be reelected to successive terms. SECTION 7 Meetings Section 7.3. Monthly Business Meetings. A regular monthly business meeting of the membership shall be held on the Wednesday following the third Sunday in each month (unless notice otherwise is given), at which time all officers and committees may report. Such meetings shall be held at the place and time of the regularly-scheduled worship service for such evening (unless notice otherwise is given). Any and all business can be raised, discussed and acted upon at a regular monthly business meeting, except for the following business, which can only be acted upon at a special meeting pursuant to Section 7.4, or at a regular monthly business meeting provided notice as specified in Section 7.11 is given that the proposed business shall be considered at the monthly business meeting specified in the notice: the hiring, firing, or compensation changes regarding any of the church ministerial staff (pastor and other ministers); the sale, lease, mortgage, or other encumbrance or disposition of any church property; the borrowing of money by the church; any non-budgeted, non-emergency expenditure exceeding $10,000.00; consideration of or amendment of the annual budget; disciplinary action against any member; and the amendment of the charter or bylaws. The deacon chair or his or her designee shall preside at all business meetings. Section 7.4. Special Meetings. Special meetings of the membership may be called by the pastor, deacon chair, the voting deacons, or upon the written request of fifty (50) members to the church clerk and deacon chair. At such meetings no business shall be transacted except the business mentioned in the notice calling the meeting, and any business incident to such business. The deacon chair or his or her designee shall preside at all special meetings. Notice of all special meetings shall be given pursuant to Section 7.11 below. Section 7.11. Notice. Except in the case of a charter or bylaw amendment (notice of which is governed by Section 9.1 below), whenever notice of a special meeting or of any other matter is required to be given to the membership, such notice must be given no less than one (1) week prior to such meeting and may be given: in person; by telephone; by mail; by electronic media; by publication sent to the membership on a periodic basis; or by announcement at, or inclusion in the bulletins for, all worship services of the church for no less than one (1) week prior to such meeting. Any notice given under this Section must specify or summarize the proposed action to be considered at such meeting. SECTION 9 Amendment Section 9.1. Amendment. These bylaws, as well as the charter of the church, may be amended by the membership only (not by the voting deacons) upon the approval by two-thirds of the votes cast at a meeting of the members. Notice of the proposed bylaw or charter amendment must be given in writing by mail at least thirty (30) days prior to the meeting at which the proposed amendment is to be considered.
  3. In a recent Town Hall at our church (which follows RRO per the bylaws) I proposed that our church adopt a bylaws amendment. Immediately following the meeting I provided the chair, and our two Pastors with a signed written request that they send the 30-days prior written notice to the members to consider a bylaws amendment at the next available regular business meeting. The Pastors and the chair oppose this bylaws change. They conferred in secret between themselves and three like-minded deacons and decided that based on their reading of the bylaws they wanted to impose additional requirements before sending out notice. I could not find it explicitly stated in Robert's, but am I correct in believing that once a written request has been made to a chair to bring a motion, that it is his responsibility to dispose of it in some manner; and that it follows that if notice is necessary to call the motion that it falls on him to ensure such notice is given? There is nothing in our bylaws stating how notice will be provided (except that for bylaws amendments it will be 30-days prior by postal mail). Therefore, if the chair continues to refuse to send notice, is there any reason that I can't sit down in the office and stuff envelopes myself to send out notice to the members? I'm guessing there is probably a policy against interpreting bylaws in this forum, but if not I would be happy to share the relevant portions of our bylaws here for context.
  4. Thank-you for the replies. This mostly matched up with what I was thinking.
  5. In a recent meeting, after the meeting had adjourned, a member (expressing a dissenting / unpopular opinion) was approached at a table by another member (2) to discuss if there was a way to bring him around to the majority side. According to the first member, several other members approached (initially out of curiosity of what was being discussed); but it quickly devolved into a group physically surrounding him and peppering him with questions and forcing him to defend himself for the positions he had taken during debate / discussion. After the conclusion of the meeting the member made the decision to resign from the body for the sake of his spiritual and emotional health (this is a church organization). I am calling for an investigation into this incident. I've searched RONR and can't find any specific guidelines on questioning members after debate, but my question is: Are there any prescriptions or recommendations that debate and persuasion should be confined to debate during the meeting and that after a meeting is adjourned or after debate is concluded that members should not question each other on the issues discussed, or particularly their motives? Do you have any other thoughts or recommendations on rules or procedures I can use to back up the seriousness and impropriety of what occurred here? Of note: I am a member of the church, and the bylaws give me the right to ask for a report from any committee, but I am not a member of this specific committee. Thank-you
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