Guest MJ Posted September 15, 2011 at 06:56 PM Report Share Posted September 15, 2011 at 06:56 PM Hi all-I'm new to this, so forgive my question!I have a proposal to amend one of our by-laws to better suit the needs of the committee I'm the Chair of. The initial proposal would be to wipe out present wording and replace it entirely. Some are a bit hesitant that many on the Board would be resistant to the elimination of the entire by-law wording, so I could have a second proposal for amendment that would involve merely adding to the wording. It's not preferred, but could work.So, my question is this- can I put forth two proposals for amendment... present the preferred one with replaced wording first & see what the vote comes out to... and if it's voted in, can I simply abandon the second proposal because it's not relevant any more? And if the preferred one isn't voted in, then can I present the second one as an alternative option? I'm not sure how all this works, and didn't know if the second proposal can just be left out if the first one passes.Thanks for your input!MJ Link to comment Share on other sites More sharing options...
Tim Wynn Posted September 15, 2011 at 07:14 PM Report Share Posted September 15, 2011 at 07:14 PM Hi all-I'm new to this, so forgive my question!I have a proposal to amend one of our by-laws to better suit the needs of the committee I'm the Chair of. The initial proposal would be to wipe out present wording and replace it entirely. Some are a bit hesitant that many on the Board would be resistant to the elimination of the entire by-law wording, so I could have a second proposal for amendment that would involve merely adding to the wording. It's not preferred, but could work.So, my question is this- can I put forth two proposals for amendment... present the preferred one with replaced wording first & see what the vote comes out to... and if it's voted in, can I simply abandon the second proposal because it's not relevant any more? And if the preferred one isn't voted in, then can I present the second one as an alternative option? I'm not sure how all this works, and didn't know if the second proposal can just be left out if the first one passes.Thanks for your input!MJSee RONR (10th ed.), p. 575, l. 20- p. 576, l. 11. Link to comment Share on other sites More sharing options...
Bruce Lages Posted September 15, 2011 at 07:18 PM Report Share Posted September 15, 2011 at 07:18 PM I suppose you could offer both proposals, assuming you follow the procedures in your bylaws for making amendments for each one, but I think you could run the risk, if your first proposal is rejected, of having the chair declare the second one out of order if it doesn't present a substantially different question, because the rule is that the assembly can not be made to consider the same question twice in one session. It might be better to offer one proposal, explain the possibility of the simpler proposal, and then offer that as an amendment to the first. If you do this, you'll have to figure out what sequence is most logical for the first proposal to offer and the wording from the second proposal to offer as an amendment. Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 15, 2011 at 07:35 PM Report Share Posted September 15, 2011 at 07:35 PM I suppose you could offer both proposals, assuming you follow the procedures in your bylaws for making amendments for each one, but I think you could run the risk, if your first proposal is rejected, of having the chair declare the second one out of order if it doesn't present a substantially different question, because the rule is that the assembly can not be made to consider the same question twice in one session. It might be better to offer one proposal, explain the possibility of the simpler proposal, and then offer that as an amendment to the first. If you do this, you'll have to figure out what sequence is most logical for the first proposal to offer and the wording from the second proposal to offer as an amendment.As I understand both proposals, there should not be any problem offering the second one if the first one is rejected (assuming the requirements for notice have been met for both motions), since they are obviously quite different in form and content. Link to comment Share on other sites More sharing options...
Guest MJ Posted September 15, 2011 at 08:13 PM Report Share Posted September 15, 2011 at 08:13 PM Thanks for your input, Rob. If I propose both in writing, as per the rules, is it OK then to abandon the second proposal if the first one goes through? Is there any procedure for this "abandonment?"As I understand both proposals, there should not be any problem offering the second one if the first one is rejected (assuming the requirements for notice have been met for both motions), since they are obviously quite different in form and content. Link to comment Share on other sites More sharing options...
Guest MJ Posted September 15, 2011 at 08:23 PM Report Share Posted September 15, 2011 at 08:23 PM Hi Bruce- Thank you for your reply. I would be worried about being out of order, if it seems like these are posing the same question with regard to this by-law. If I were to approach this as you suggest, would I still need to submit the second proposal in writing as per the rules, or would I just "come up with" alternate wording if the board balks at my initial proposal?I suppose you could offer both proposals, assuming you follow the procedures in your bylaws for making amendments for each one, but I think you could run the risk, if your first proposal is rejected, of having the chair declare the second one out of order if it doesn't present a substantially different question, because the rule is that the assembly can not be made to consider the same question twice in one session. It might be better to offer one proposal, explain the possibility of the simpler proposal, and then offer that as an amendment to the first. If you do this, you'll have to figure out what sequence is most logical for the first proposal to offer and the wording from the second proposal to offer as an amendment. Link to comment Share on other sites More sharing options...
Bruce Lages Posted September 15, 2011 at 08:43 PM Report Share Posted September 15, 2011 at 08:43 PM would I still need to submit the second proposal in writing as per the rules, or would I just "come up with" alternate wording if the board balks at my initial proposal?You would not need to submit the second proposal in writing. A bylaw amendment proposal that requires previous notice may still be amended at the meeting at which it is to be voted on, and any such amendment requires only a majority vote. However, there is a limitation on how extensive such an amendment can be - it must be within what RONR calls the 'scope of notice' of the previously submitted proposal (see RONR, 10th ed. p 562-563). As you've described your proposals, I don't think you will run afoul of a scope of notice limitation in changing one proposal to the other. But consider also that, depending on how extensive your planned wording changes are, it might be a very good idea to have these changes in written form so that the rest of the membership can grasp more easily what you are proposing. Link to comment Share on other sites More sharing options...
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