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Guest Brady

Withdrawal of Proposed Constitution Amendment

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Guest Brady

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.

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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 I probably would argue that it couldn't be withdrawn and they would have to vote it down or use Postpone Indefinitely.

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The amendments came from the board, and the board is seeking to withdrawal

Then 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.

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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?

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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Also, in the original post, there is mention of an 'amendment' to be withdrawn, as well as of 'amendments' prepared and presented to the membership.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.

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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. :)

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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.

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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

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Guest Brady

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?

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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.

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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?

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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?

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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.

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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.

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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.

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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)?

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