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Found 40 results

  1. Our bylaws state, “Voting by proxy and/or absentee ballot is prohibited.” And— “ARTICLE XV: AMENDMENTS These PTA bylaws may be amended by a two-thirds (%) vote of the members present and voting, a quorum having been met, at any general membership meeting, provided that these requirements have been complied with” Can the executive board and membership vote on bylaws amendments via email?
  2. I would like to thank you in advance for any answers you may provide. In an Assembly, whose bylaws generally do not conflict with the procedures in Robert's Rules, when is a member considered to have exercised his right to make a speech before the Assembly? Does the member's first opportunity to speak expire as soon as the member is recognized? Or does it actually expire when the member enters debate? Suppose that a member rises, is recognized, and only states a subsidiary motion (such as a motion to amend), does that count as a speech? Suppose a member speaks on the topic of the main motion and then ends his speech by moving to amend the main motion(and as soon as it is seconded, sits down), does that count as a speech to the main motion, to the subsidiary motion, or to both?
  3. I'm on the board of a non profit with bylaws that don't address the process for amending them. There's an immediate to amend one of the bylaws within the next 12 days. It's my understanding that if we have an isolated bylaw change we can handle it as we would a motion to" Amend Something Previously Adopted." Since timing is critical and there isn't time to send a notice it would take a 2/3rd vote to pass the change. I expect push back and wanted validation on this plan.
  4. How much notice is required for making an amendment during a convention that takes place one a year? How about for significant changes? Is notice to the Executive Board / Constitution Committee sufficient? What about notice to chief delegates? When would it be reasonable / latest time to have the organization distribute the amendment to members?
  5. I am Chair of an organization that follows Robert's. Our membership is restricted to a certain group of people, though these requirements are under scrutiny. Our by-laws lay out the process for amending the by-laws, but they do not specifically bar non-members from proposing an amendment. I can't find anything in Robert's that says a non-member can not make a motion or amendment. It appears to be left up to each organization. Does anyone has a clear answer on this? Thank you!
  6. Our faculty charter & bylaws allow the Faculty Advisory Committee (FAC) to recommend charter/bylaw amendments to be ratified (or not) by the faculty as a whole. The charter and bylaws do not specify whether or not proposed amendments must be submitted for ratification individually, or if proposed amendments could be submitted for ratification as a "slate" to be voted up or down in its entirety. I'm new in the Parliamentarian position, and I need help... I am given to understand that the FAC would prefer to recommend a slate of amendments rather than individual amendments. It seems to me that if that's what they wish to do, then they could. Our charter states only that " Any proposed amendment(s) to the charter must be presented in writing to the faculty of the College of Music at least fourteen (14) class days before faculty discussion and subsequent balloting at a special meeting of the faculty." There is just no mention of slate vs. individual. Am I off-base, here? Can the FAC recommend a slate of amendments, or must they recommend individual amendments? Thanks in advance!!!
  7. I am a 'member' of a fraternal 501c3, formed in 1960, there are no signed, dated, sealed bylaws in existence. The document they use is undated, unsigned, multi font, with no page numbers. The process for amendments in that document is: "ARTICLE X - AMENDMENTS TO BYLAWS; SECTION 1. Amendment Process. Alterations or amendments to, or the repeal of the existing By-Laws or the adoption of new By-Laws may be considered at any Annual or Special Meeting of the Members of the Foundation and become effective if two-thirds (2/3) of the Members at such meeting, either present in person or represented by proxy, vote in favor of such changes in the By-Laws. Such changes may be made at any Annual or Special Meeting of the Members provided that notice of the proposed alteration, amendment, repeal of an existing By-Law, or adoption of a new By-Law has been given to the Members of the Foundation at least sixty (60) days before such meeting of the Members of the foundation called for such purpose. All such notices contemplated shall be considered given if sent by regular mail of the United States Post Office or duly published in..." (the parent organizations official publication). The parent organization members (who are members of the foundation) at a semi-annual meeting of the parent governing board passed: 1) a total rewrite of the bylaws; 2) a motion to print in official publication 3) a motion to repeal the existing bylaws; 4) a motion to notify the foundation trustees by US Mail, return receipt the proposed bylaws, list of motions and publication timeline deadline. The foundation is declaring their one change is the ONLY one that will be voted upon. The parent organization was formed in 1923. To be member or officer of the foundation formed in 1960 one has to be member of a club in good standing of the parent organization. Both are separate non-profit corporations founded in MO. Both are totally separate except for the membership requirement. QUESTIONS: There is nothing in the current "bylaws" requiring trustee approval etc. so can they just ignore what appears to be 'properly' presented full revision? FYI - there was a trustee present at the parent meeting representing the foundation chairman but "everything was above his pay grade." Assume their one amendment is voted down. The total revision version would be voted on next. If adopted, then vote on repeal of the undated/unsigned version? OR Their version voted down. Vote on the repeal of the unsigned/undated version. Then vote on total rewrite of bylaws? Or something else? i could not find anything in the Robert's Rules of Order dealing with any of this. Lastly, does the rewrite version have to have changes highlighted/different color of font etc.?
  8. I am the Secretary of a Board that received proposed amendments to the Bylaws. The President claims that a member submitted the proposed changes to him and that due to the Bylaws, he had the right to send out the proposed changes by email ahead of the Business Meeting. When he sent out the proposed changes, there was no indication of which member proposed the changes. According to our bylaws, "new Bylaws may be adopted by the affirmative vote of a majority of the Association. Proposed changes shall be posted to the Association's website and delivered via email to members at least ten business days before a scheduled vote and shall have specified the proposed change or the provision or provisions to be affected thereby... Amendments may be proposed to the President in writing by the Board of Directors or by any member of the Association." Nowhere in the Bylaws does it state that the member has to identify themselves but because the President sent out the proposed changes, the majority of the membership thought the proposal came from the Board (which it didn't). The President claims that there is no requirement to reveal the member who proposed the changes. Based on Robert's Rules of Order 11th edition, can anyone confirm that the amendments can be proposed without identifying the author?
  9. Guest

    Voting Rights

    I was a new member of our (volunteer) club board October last year, who was present when the secretary (& Constitution committee chair) passed (but not unanimously) a motion to present a vast number of Constitution changes at our club’s next general meeting. At that general meeting I challenged the singular motion (all 37 changes had been bundled together) and I proposed an amendment to the main motion? I was advised that I was ‘out of order’, even though I correctly followed RONR timing to speak & submit my amendment, and was seconded from the floor. When I asked why I was ‘out of order’ I was advised it was because of our Roberts Rule of Order! Our constitution states: ‘Roberts Rules of Order shall prevail in the event of any dispute’ and this is the only reference to RONR in our Constitution or our By-Laws. I have since obtained the RONR 11th ed, fully updated 2nd edition- Newly Revised In Brief, and have read the content carefully and cannot see why I would have been deemed ‘Out of Order’ – is there something in the full RONR 11th ed., that prevents me from making such an amendment, such as that as a board member at time of the change was ‘approved’ for presentation to members, that I cannot amend or vote on the changes at that Spring meeting? I was NOT part of the working committee who proposed the changes.
  10. Guest

    Who can Amend a Motion

    I attended a meeting where the President during his report asked the assembly what he could do to help members feel more a part of the club. Discussion related to communication issues followed. A member made a motion to clarify that the Board of Directors be a body authorized to make recommendations to the membership rather than be sole decision makers. Discussion followed. I offered an amendment to the motion to add clarification that powers of authority be clarified between "matters of daily operations" and "matters related to the direction and mission" of the club I was told that only the maker of the motion could amend their motion Further, I was told that the motion had to be handled before the amendment. I am confident I was told incorrectly. Answer, please.
  11. During a recent club meeting, discussion ensued about the need to update our ByLaws. A committee was appointed by members volunteering via email from our Board president, I was appointed to Chair this committee. Our Board has one particular member who steers Board involvement, decisions, and activities by manipulation. I want to ensure that I can chair this committee through its assignment without interference from outside parties. Am I proposing to communicate a schedule outlining the process by which the committee with manage this task-- Section by Section. I am proposing a "Member Input" period followed by a "Committee Review" period for each segment of the ByLaws. Am I understanding Article IX (Committees and Boards), Section 52, Paragraph 2, that my strategy is the proper format for ensuring member input and at the same time protect the committee from outside influence until it is ready to submit its report.? It is my plan that the Committee will review member input, debate among ourselves and draft amendments to the ByLaws taking into consideration member input received. Present the Board a document (grid) showing current language, our official amendment, and how the new language would read if the amendment is approved. If we present this "report" containing multiple amendments, what is proper Board action? To handle each amendment separately, or to act upon our report as a whole?
  12. Once a motion has been passed, can it be amended, "friendly" or otherwise? Our group conscious states that once a motion has been adopted it can not be revisited for 6 months. One of our members says we can make a friendly amendment if we ask the person who made the motion, even if it has been voted upon and passed.
  13. As a labor organization within a company, we conduct all our business through an assembly process. Our contract is our Handbook, which is based on the guidelines of our parent organization. To keep our contracts up to date a Handbook Committee is a standing committee. To prevent a Handbook Committee from bottling up motions to change the contract, the Handbook Committee may not stop a motion to change the Handbook from coming to our Executive Committee. The Executive Committee then sends it to our Assembly, which, in turn, sends it to the corporation’s Board. Over the past two years the Handbook Committee has been working on a major overhaul of the Handbook. However, one of our subunits sent a motion changing the very definition of an employee in a very significant way. The Handbook Committee did not approve the motion since it conflicts with much of the work they had already performed and, also, with the present Handbook. Nevertheless, the Handbook Committee HAD to pass the motion on to the Executive Committee. The Executive Committee sent it to the Assembly. We require a 2/3rds vote of those attending for final approval of the Handbook so that there can be no question as to whether there is general sentiment to pass a motion. Before the debate, the chair of the Handbook Committee read the reservations of the Committee and we broadcast them on a screen so that everyone could follow along. The motion, changing the nature of employment at our company, passed anyway. Our Board has yet to approve the motion passed by the Assembly and may not do so until March of 2016. During that time, the other changes which the Handbook Committee has been working on will come for debate. It is extremely likely that the motions coming up will conflict with the motion just passed. Let us say that the different changes will come up in twenty-four different motions. A certain percentage of those motions will conflict with something already passed but not yet accepted by our Board. Do these motions amend something previously adopted? If they do, they will pass by a simple majority since they will come up with notice. But, if we do that, it will change the very nature of a motion previously adopted by a 2/3rds vote, which seems like a contradiction to the overall will of the Assembly. Any ideas? Thanking you in advance.
  14. I am a member of an organization that meets annualy to handle business and to discuss changes to our governing documents (constitution, by laws, etc). The proposed legislative changes are printed in booklet form and distributed to the members (delegates) prior to the meeting for review and discussion. These proposed amendments are submitted by a specific deadline, reviewed and published ahead of time. This year, there were two different amendments for the exact same article (article: section: paragraph) proposed and published in the booklet. Both proposed amendments were voted on by the membership and both passed the vote of the membership in attendance. The vote on both was by a show of hands and greatly favored the changes. The first amendment made small but substantial changes to the prargraph in question while the second amendment, voted on after the first had been adopted, substantially changed the wording of the original paragraph. Given that both of the proposed amendments were for the exact same piece of legislation, which one takes precendance, the first one adopted or the second?
  15. Our association is in a situation in which our bylaws need to be amended, in order to be in compliance with a higher authority. Our bylaws require 2/3 vote of the assembly for amendment. The bylaws ALSO require 10 days advance notice by publication of the proposed amendments, before taking a vote. However, our cycle of regular meetings has ended, and an emergency assembly meeting will be needed. It was suggested that a motion could be taken from the floor, to adopt the amendments, and voted on at that meeting, and that this "right" of the assembly supersedes the waiting period outlined in the bylaws. Is this true? If not, is there a way to handle this business in a single meeting, or are we stuck with the (monumental) task of assembling a quorum of members on two separate dates?
  16. Guest

    standing rules

    Can you amend standing rules?
  17. Members are required to sign in at each meeting. Some members were in attendance, but didn't sign in. At the next meeting one of those members requested that the minutes be amended to reflect their attendance. Should this be done?
  18. Hi! My question is related with our organization’s article for amendments. The articles are as follows: “ ARTICLE XII AMENDMENTS Section 1. Standing Rules or any provision thereof, may be amended or repealed by a three-fourth (3/4) majority vote of the members present at the annual stated meeting. Section 2. This decision to amend or repeal the Standing Rules or any provision thereof shall be turned to the Executive Committee for study and the EC shall report the result of the study to the Body for the final approval. Section 3. The decision shall not take effect until ratified by a three-fourth (3/4) vote in the subsequent Annual Meeting.” As of present, I asked several of our fellow members how they understood the article and they have given me differing interpretation. The way I understand it is that: (1) if an amendment or several amendments to the Standing Rules are motioned from the floor, the body must first approve the amendment by a ¾ vote. If approved, then (2) it automatically is referred to the Executive Committee for study. Then, (3) after a year of study, the Executive Committee presents the amendments to the Body of the next Assembly, and only upon a ¾ vote will the motioned amendments be ratified and implemented. As per your reading of the above articles, may I ask if my understanding is correct? Thank you very much for your time and any advice you can give will be very helpful!
  19. At the upcomig 9/20 owner meeting, I will have 14 bylaws amendments on the agenda. 8 of these will be paragraph substitutions (I used the words "strike out and insert" because I didn't know better at the time). 6 will be paragraph insertions. Robert, pages 142 and 144 describes the ways the chair can read the substitution amendments: 3 step, 1 step and 4 step. The chair would be politically motivated to use the 4 step method or at least the 3 step method to drag things out, so that the owners will get bored and walk out. Question 1: Is there any way that I can force the chair to use the 1 step way to expedite the process? Question 2: If the answer to question 1 is "no", can I "suggest" that he use the 1 step way? Question 3: If the answer to question 2 is "yes", what is the appropriate form of the suggestion? Question 4: Can the chair force me to read my amendments to give himself a rest? Question 5: Can the chair assign the reading of the amendments to another person to give himself a rest? Thanks again for your help.
  20. When proposed Constitutional Amendments are brought before the Delegation do said amendments need to have the author's name attached to them?
  21. An amendment to our bylaws was correctly submitted at the February meeting to be voted on at the March meeting. If I want to amend the amendment at the March meeting, does that require just a majority vote to amend and then a 2/3 vote on the amended amendment? Thanks, Mary
  22. Happy (belated) New Year! Our Board of Directors has adopted a resolution "provisionally" amending the bylaws "pending legal advice as to clarification of the wording." There is nothing in the existing bylaws that allows for such a measure. Does this signify anything other than acceptance in principle?
  23. Our organization will be considering a revision to its bylaws. The proposal will be considered by sections pursuant to Section 28 of RONR. If an amendment is proposed to one of the sections that includes some minor changes to other sections, should it be deferred to the end, regardless of how minor the changes to the other sections are? In other words, must an amendment apply only to the section under consideration?
  24. Guest

    Amendment to minutes

    A time and date of an upcoming sub-committee meeting was recorded in the minutes. The time/date was subsequently changed at a later date. When it came to approving the minutes, a motion to amend the time/date was made. There was discourse between members as to whether an amendment was needed as the minutes correctly reflected what was known and stated at the time of the original meeting. Should the correction be made or not, and the Robert's Rules of Order addresses this issue? I couldn't find any reference.
  25. At a regularly called meeting of our church, a motion was made, seconded and passed by voice vote to approve three minor changes in our constitution. We are now ready to ratify after a 30-day wait (per our constitution). Some members are questioning one of the changes. The original motion that passed was to approve all amendments at once. Our constitution reads: ...B. be ratified, without change, at the next properly called meeting by a two-thirds vote of those Voting Members present and voting; and ... I note the "without change" above. My understanding is that if the membership wants to remove one of the amendments, that means that the whole original motion is rejected since the original motion was all inclusive. The ratification cannot pass with an amendment to the original motion at this time, In order to make one change, we have to start over with notification to the members of the amendments, wait 60 days to hold a meeting to vote to approve, and then wait the required 30 days to ratify the new (now changed) amendments at another meeting. Am I correct in my interpretation? Can we now vote to ratify these changes individually even though we voted approval for them all as a package in one motion at the first meeting? I have realized that we should have approved the amendments individually so that we could ratify them individually. Thanks. Fuzzy Beekeeper
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