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Constitution


Guest Colin

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Posted

We are having an AGM in 2 weeks time, which is against our current Constitution as it should have happened on April 1st, and the current board wants to throw out the current Constitution and bring in a new one. I don't believe this can be done. What is the proper procedure.

Posted

We are having an AGM in 2 weeks time, which is against our current Constitution as it should have happened on April 1st, and the current board wants to throw out the current Constitution and bring in a new one. I don't believe this can be done. What is the proper procedure.

As to your meeting, I have no idea if it is proper. Now for changing the Constitution, this is called a revision. It takes the same notice as an amendment to the Constitution and the same vote. It also takes following the proper procedures for amending as found in your current Constitution.

Posted

... the current board wants to throw out the current Constitution and bring in a new one. I don't believe this can be done. What is the proper procedure.

Check the constitution for a provision on amending it. That provision will have to be followed for any change. If there is no such provision, amendment will require notice and a two-thirds vote, or a vote of a majority of the entire membership.

Posted

We are having an AGM in 2 weeks time, which is against our current Constitution as it should have happened on April 1st, and the current board wants to throw out the current Constitution and bring in a new one.

And keep in mind (as we like to point out here) that the board, as a board, will not be present at your AGM. The board can only act, as a board, at board meetings so any decisions it makes will have to be made prior to the AGM and, at the AGM, they will carry no more weight than a motion made by any (general) member (other than that no second will be required).

Some here even suggest that, at the AGM, the board members be seated among the general members, not in front or on a stage or dais that might suggest (incorrectly) that enjoy some special status or, even worse, that the board is present.

Posted

We are having an AGM in 2 weeks time, which is against our current Constitution as it should have happened on April 1st, and the current board wants to throw out the current Constitution and bring in a new one. I don't believe this can be done. What is the proper procedure.

Well, your constitution cannot empower you to go back in time, so if it requires having an AGM and one was not held, the better-late-than-never maxim probably applies, although you could certainly censure or apply other discipline to those responsible for planning it.

As for "throwing out" the constitution, it's unlikely that the board has such power, but you'll need to read your current document to see how it may be amended. It's usually up to the membership, not the board, to approve any amendment, from a single comma up to a wholesale revision. Until then, the current rules in your current document, including the rules on how it is to be amended, are in full force. Look them up and be prepared to raise a point of order if anything is done incorrectly.

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