Guest dw Posted April 14, 2011 at 03:10 PM Report Share Posted April 14, 2011 at 03:10 PM At the general meeting the membership voted to change a activity date unknown to the membership and the directors the by-laws state the activities will be on a specific date. now with this in mind, the directors have realized the change of date is not in the best interest of the association. What is the proper way to carry on as the by-laws state. Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 14, 2011 at 03:46 PM Report Share Posted April 14, 2011 at 03:46 PM At the general meeting the membership voted to change a activity date unknown to the membership and the directors the by-laws state the activities will be on a specific date. now with this in mind, the directors have realized the change of date is not in the best interest of the association. What is the proper way to carry on as the by-laws state.If the bylaws say that this activity must take place on a certain date (June 1st, third Thursday in May) then the only way to change that is to amend the bylaws. So the date is still the date (despite this motion to change it which was out of order (conflicting with the bylaws) and the vote is null and void) until you amend the bylaws to change it. Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 14, 2011 at 04:19 PM Report Share Posted April 14, 2011 at 04:19 PM If the bylaws say that this activity must take place on a certain date (June 1st, third Thursday in May) then the only way to change that is to amend the bylaws. So the date is still the date (despite this motion to change it which was out of order (conflicting with the bylaws) and the vote is null and void) until you amend the bylaws to change it.Yes. Procedurally, any member at a general membership meeting can raise a Point of Order when no other question is pending. His point will be that the ordinary main motion was invalidly adopted, because it conflicts with a bylaw. The chair will make a ruling on the point, which is subject to appeal to the judgment of the assembly. Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 14, 2011 at 04:39 PM Report Share Posted April 14, 2011 at 04:39 PM Yes. Procedurally, any member at a general membership meeting can raise a Point of Order when no other question is pending. His point will be that the ordinary main motion was invalidly adopted, because it conflicts with a bylaw. The chair will make a ruling on the point, which is subject to appeal to the judgment of the assembly.Ah. So the majority could decide to allow this change to the bylaw-specified event date? But it would only be for this one time, since a permanent change would require a bylaw amendment? Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 14, 2011 at 04:42 PM Report Share Posted April 14, 2011 at 04:42 PM Ah. So the majority could decide to allow this change to the bylaw-specified event date? But it would only be for this one time, since a permanent change would require a bylaw amendment?I said nothing of the sort. Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 14, 2011 at 05:12 PM Report Share Posted April 14, 2011 at 05:12 PM I said nothing of the sort.Sorry, I apparently misunderstood. So, a member raises a Point of Order that the motion adopted to change the event date conflicts with the bylaws. The chair rules it well taken. Another member, who wants the date changed, Appeals (it's seconded). The vote goes to the assembly, and as it turns out, most of the members actually want the date changed. The appeal is successful and over turns the decision of the chair. Is the even date changed or not? Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 14, 2011 at 05:20 PM Report Share Posted April 14, 2011 at 05:20 PM Sorry, I apparently misunderstood. So, a member raises a Point of Order that the motion adopted to change the event date conflicts with the bylaws. The chair rules it well taken. Another member, who wants the date changed, Appeals (it's seconded). The vote goes to the assembly, and as it turns out, most of the members actually want the date changed. The appeal is successful and over turns the decision of the chair. Is the even date changed or not?Clearly, members voting in the negative on an appeal raised against a ruling of the chair must be morally certain that the ruling of the chair was made in error, based on a rational analysis of the applicable rules and facts. Link to comment Share on other sites More sharing options...
Thomas Ralph Posted April 14, 2011 at 06:42 PM Report Share Posted April 14, 2011 at 06:42 PM An appeal against the decision to rule the point of order well-taken should be ruled out of order as dilatory, as there could not possibly be two reasonable differing opinions on the matter. Link to comment Share on other sites More sharing options...
Josh Martin Posted April 14, 2011 at 10:50 PM Report Share Posted April 14, 2011 at 10:50 PM So, a member raises a Point of Order that the motion adopted to change the event date conflicts with the bylaws. The chair rules it well taken. Another member, who wants the date changed, Appeals (it's seconded). The vote goes to the assembly, and as it turns out, most of the members actually want the date changed. The appeal is successful and over turns the decision of the chair. Is the even date changed or not?The assembly is ultimately the judge of its rules, and RONR assumes that the assembly will interpret its rules in good faith.An appeal against the decision to rule the point of order well-taken should be ruled out of order as dilatory, as there could not possibly be two reasonable differing opinions on the matter.Well, I don't know about that. For all we know, the language in the Bylaws might be ambiguous. Link to comment Share on other sites More sharing options...
Thomas Ralph Posted April 15, 2011 at 03:12 PM Report Share Posted April 15, 2011 at 03:12 PM Well, I don't know about that. For all we know, the language in the Bylaws might be ambiguous.I'm just working on the original post: if the bylaws say the Grand Festival takes place on the 22nd of April, a vote by the Board to say that this year they'll take place on the 1st of June is manifestly inconsistent with the bylaws.But then again, perhaps it is ambiguous. What would I know Link to comment Share on other sites More sharing options...
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