Guest Brady Posted March 26, 2012 at 12:00 AM Report Share Posted March 26, 2012 at 12:00 AM What is the procedure to withdrawal a proposed amendment to the constitution?The amendments have been prepared and presented to the membership for a vote at a special business meeting coming up in a couple days. Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 26, 2012 at 12:10 AM Report Share Posted March 26, 2012 at 12:10 AM That depends. Were the amendments proposed by a single member or did they come from a committee or from multiple members? Link to comment Share on other sites More sharing options...
George Mervosh Posted March 26, 2012 at 01:06 AM Report Share Posted March 26, 2012 at 01:06 AM I don't think it can be unilaterally witthdrawn no matter who gave notice. Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 26, 2012 at 01:24 AM Report Share Posted March 26, 2012 at 01:24 AM I don't think it can be unilaterally witthdrawn no matter who gave notice.I agree but if only one member proposed the amendment he or she could seek permission to withdraw it. However, if it came from multiple members things become much more dicey. I probably would argue that it couldn't be withdrawn and they would have to vote it down or use Postpone Indefinitely. Link to comment Share on other sites More sharing options...
Guest Brady Posted March 26, 2012 at 01:36 AM Report Share Posted March 26, 2012 at 01:36 AM The amendments came from the board, and the board is seeking to withdrawal Link to comment Share on other sites More sharing options...
Trina Posted March 26, 2012 at 10:21 AM Report Share Posted March 26, 2012 at 10:21 AM The amendments came from the board, and the board is seeking to withdrawalThen the various board members had better prepare to argue persuasively against the amendments during debate at the upcoming meeting. Note that 'the board' (as a body) will not be present at a membership meeting. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 26, 2012 at 11:15 AM Report Share Posted March 26, 2012 at 11:15 AM It is undoubtedly too late to withdraw whatever notice was given of intent to propose the bylaw amendment, but that doesn't mean that they have to actually move it's adoption. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 26, 2012 at 11:32 AM Report Share Posted March 26, 2012 at 11:32 AM It is undoubtedly too late to withdraw whatever notice was given of intent to propose the bylaw amendment, but that doesn't mean that they have to actually move it's adoption. When notice of a motion (such as a proposed bylaw amendment) is given, doesn't the motion still need to be moved at the meeting? And thus, couldn't the person(s) who gave the notice of the motion just simply fail to (or decide not to) move it? Or does the notice create a General Order (or similar) thus not requiring the actual moving of the motion as it is then a part of the scheduled order of business? Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 26, 2012 at 12:14 PM Report Share Posted March 26, 2012 at 12:14 PM And thus, couldn't the person(s) who gave the notice of the motion just simply fail to (or decide not to) move it?Yep, that's exactly what I said. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 26, 2012 at 12:18 PM Report Share Posted March 26, 2012 at 12:18 PM Yep, that's exactly what I said.Ha ha. Indeed. Gotta work on my reading comprehension, I guess. Link to comment Share on other sites More sharing options...
Trina Posted March 26, 2012 at 12:28 PM Report Share Posted March 26, 2012 at 12:28 PM But, any other member could presumably move to put the amendment (as described in the previous notice) before the assembly, right? It wouldn't have to be the same party that originally sent notice (the board in this case, or a member of the board). It would just take a mover (and presumably a seconder) from the membership to bring the issue back to life.Also, in the original post, there is mention of an 'amendment' to be withdrawn, as well as of 'amendments' prepared and presented to the membership. That makes me think that the board would like to withdraw only one amendment, out of a group. If so, the change between what was in the notice, and what is being moved at the meeting, should be made abundantly clear to everyone. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 26, 2012 at 12:32 PM Report Share Posted March 26, 2012 at 12:32 PM But, any other member could presumably move to put the amendment (as described in the previous notice) before the assembly, right?Yes, of course. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 26, 2012 at 01:01 PM Report Share Posted March 26, 2012 at 01:01 PM Dan - Could you kindly describe "When it is too late for renewal......" on p. 293, SDC7? When is it not too late to renew and when is it too late? I'm sure you explained it before but I'd appreciate another explanation/example. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 26, 2012 at 01:32 PM Report Share Posted March 26, 2012 at 01:32 PM Dan - Could you kindly describe "When it is too late for renewal......" on p. 293, SDC7? When is it not too late to renew and when is it too late? I'm sure you explained it before but I'd appreciate another explanation/example. Well, if previous notice has been given at the March meeting of an intention to make a motion to rescind something at the next regular monthly meeting, the notice can be withdrawn before the end of the March meeting, but it will be too late too late to withdraw the notice when the April meeting rolls around. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 26, 2012 at 01:38 PM Report Share Posted March 26, 2012 at 01:38 PM Well, if previous notice has been given at the March meeting of an intention to make a motion to rescind something at the next regular monthly meeting, the notice can be withdrawn before the end of the March meeting, but it will be too late too late to withdraw the notice when the April meeting rolls around.Ok....that make sense and is consistent with what I thought when I posted in post #3. Thanks Link to comment Share on other sites More sharing options...
Guest Brady Posted March 26, 2012 at 06:59 PM Report Share Posted March 26, 2012 at 06:59 PM If an agenda was presented and adopted at the meeting that left the one Amendment specifically off of the agenda, could that keep the specific Amendment from being voted on? Link to comment Share on other sites More sharing options...
Chris Harrison Posted March 26, 2012 at 07:25 PM Report Share Posted March 26, 2012 at 07:25 PM If an agenda was presented and adopted at the meeting that left the one Amendment specifically off of the agenda, could that keep the specific Amendment from being voted on?No. If the amendment(s) were noticed in the call of the Special Meeting then they can be considered whether on the agenda or not. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 27, 2012 at 01:09 PM Report Share Posted March 27, 2012 at 01:09 PM A society is having a 3 day convention with a meeting each day, if I give notice of a motion to rescind in meeting #1, can I withdraw that notice unilaterally in meeting #2? Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 27, 2012 at 01:17 PM Report Share Posted March 27, 2012 at 01:17 PM A society is having a 3 day convention with a meeting each day, if I give notice of a motion to rescind in meeting #1, can I withdraw that notice unilaterally in meeting #2?No, I don't think so. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 28, 2012 at 06:39 PM Report Share Posted March 28, 2012 at 06:39 PM A society is having a 3 day convention with a meeting each day, if I give notice of a motion to rescind in meeting #1, can I withdraw that notice unilaterally in meeting #2?No, I don't think so.Ok. If they granted unanimous consent to withdraw it in meeting #2, could another member wander in later in meeting #2 and give the same notice again? Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 28, 2012 at 07:15 PM Report Share Posted March 28, 2012 at 07:15 PM Ok. If they granted unanimous consent to withdraw it in meeting #2, could another member wander in later in meeting #2 and give the same notice again?Well, he could give notice in meeting #2 of his intent to make the same motion at meeting #3. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 28, 2012 at 07:18 PM Report Share Posted March 28, 2012 at 07:18 PM Well, he could give notice in meeting #2 of his intent to make the same motion at meeting #3.Yes, that's what I was asking, thank you. Link to comment Share on other sites More sharing options...
George Mervosh Posted March 29, 2012 at 12:41 PM Report Share Posted March 29, 2012 at 12:41 PM Summation/Question - Last one Well, he could give notice in meeting #2 of his intent to make the same motion at meeting #3.If he does, that, in essence would not be a renewal of the notice as given in meeting #1, therefore, this is why the member could not unilaterally withdraw the notice in meeting #2. Correct? Yes or No is fine if you want...and thanks, I've never seen this in real life but I'd like to understand the rule as thoroughly as possible. Link to comment Share on other sites More sharing options...
Dan Honemann Posted March 29, 2012 at 01:27 PM Report Share Posted March 29, 2012 at 01:27 PM Summation/Question - Last one If he does, that, in essence would not be a renewal of the notice as given in meeting #1, therefore, this is why the member could not unilaterally withdraw the notice in meeting #2. Correct? Yes or No is fine if you want...and thanks, I've never seen this in real life but I'd like to understand the rule as thoroughly as possible.Yes, I think you've got it right.The rules are intended to prevent any member who gives notice of intent to make a motion at meeting X from being able to unilaterally prevent everyone else from making the same motion at meeting X, even although previous notice of it had been given. If previous notice has been given, all members are entitled to rely upon it unless it is withdrawn at a time when they can still give the same notice themselves. Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted March 29, 2012 at 08:21 PM Report Share Posted March 29, 2012 at 08:21 PM Yes, I think you've got it right.The rules are intended to prevent any member who gives notice of intent to make a motion at meeting X from being able to unilaterally prevent everyone else from making the same motion at meeting X, even although previous notice of it had been given. If previous notice has been given, all members are entitled to rely upon it unless it is withdrawn at a time when they can still give the same notice themselves.With all due respect to Mr. Mervosh, I'm a bit puzzled by this line of questioning. Maybe I'm just drawing a blank, but where does RONR say or imply that a member can ever unilaterally withdraw previous notice of a motion after the notice has been stated by the chair (or sent by the secretary)? Link to comment Share on other sites More sharing options...
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