Constitutional Rewrite

[Guest Daemon A]

A final draft of a constitution will be submitted for a review this sunday and voted on May 22nd. The first draft was presented a month ago. Questions and concerns were given in writing and changes to the constitution were made or a written response was given and provide anonymously for for public review. My questions are, When the final draft is presented, is debate in order? Or should debate wait until the motion to adopted be brought before the church? If questions are asked, would they be considered out of order?

[Chris Harrison]

A final draft of a constitution will be submitted for a review this sunday and voted on May 22nd. The first draft was presented a month ago. Questions and concerns were given in writing and changes to the constitution were made or a written response was given and provide anonymously for for public review. My questions are, When the final draft is presented, is debate in order? Or should debate wait until the motion to adopted be brought before the church? If questions are asked, would they be considered out of order?

When the Constitution is pending debate would be in order. RONR doesn't provide for a Q&A session per se. However, when the member is speaking in debate they can pose their questions as a concern (such as saying that they question why so-and-so was written this certain way) but no member would be required to provide an answer in that format. Another option I believe would work would be a member using a Point of Information (RONR pp. 282-283) to ask their questions (if the member knows who to ask). Another option if it was known who would have the answers is to take a recess where a Q&A session could be arranged (it would be up to you all to work out the details on how to run it).

[Gary Novosielski]

A final draft of a constitution will be submitted for a review this sunday and voted on May 22nd. The first draft was presented a month ago. Questions and concerns were given in writing and changes to the constitution were made or a written response was given and provide anonymously for for public review. My questions are, When the final draft is presented, is debate in order? Or should debate wait until the motion to adopted be brought before the church? If questions are asked, would they be considered out of order?

Amendment of the constitution must follow the rules in the current constitution concerning its own amendment. From your topic title I assume that this is not the formation of a new society, but a revision (however drastic) of an existing document.

The presenting of the "final" draft should conclude with a motion to adopt it. If the draft has been developed by a committee of two or more, then the motion does not require a second. If your rules are typical, final approval will require a 2/3 vote, but make sure you look it up in advance.

The motion to adopt the revision, once it is before the assembly, is fully debatable, and fully amendable. Because it is a revision, rather than one or more isolated changes, there is no scope of notice concern--since the notice of a general revision covers the entire document, any or all of the language in the draft may be modified as freely as if the church "were were adopting bylaws for the first time." (RONR p. 575, l. 7)

Amendments offered from the floor require a second, are themselves debatable, and are in turn amendable (but those secondary amendments are not). Amendments offered while the "final" draft is pending require only a majority vote to change the "final" draft.

Questions are in order by rising to a Point of Information, asked through the chair, who may answer the question or recognize someone else more appropriate to provide the answer.

Once the time comes for the final vote, only two outcomes are possible: Either the "final" draft--as amended--is adopted as the new constitution of the church, or the old consititution remains exactly the same.

Unless the motion to adopt contains a proviso on when the new consititution goes into effect, it takes effect immeidatly upon the announcement of the result of the final vote.