Guest David Posted June 2, 2012 at 04:03 AM Report Share Posted June 2, 2012 at 04:03 AM I am a member of a Sport League Board of Governors (Directors of the League organization).Each team (which is also a seperate oganization with it's own Board) appoints one member to sit as a member of the Board of Governors of teh League.The League is a not-for-profit society.The League holds an AGM each June, and it has a constitution and set of by-laws.The BOG also appoints a Chariman from amongst it's members.The BOG appoints a Management Committee, whose members shall be the past Chairman, Chairman of the Board of Governors and Vice-Chairman. The President will sit as a non-voting member. The Management Committee shall report only to the Governors, and shall formulate and recommend policy and procedures to the Governors for approval.The League BOG hires a president, and appoints 3 vice-presidents (who are not members of the board nor are associated with any of the teams). The day to day operations of the of the League shall be vested in the Executive Committee consisting of the President and appointed Vice-Presidents.According to the League Constitution, "The Constitution, By-Laws and Regulations may be amended or altered at the Annual Meeting or a Special Meeting of the Organization, and then only by two-thirds majority of the members present at the Annual Meeting.No amendments or alterations to the Constitution, By-Laws or Regulations shall be considered at the Annual or Special Meeting unless such amendments or alterations shall have been submitted in writing to the Secretary at least three (3) weeks prior to the date of the Annual or Special Meeting, and it shall be the duty of the Secretary to submit a copy of the proposed amendment or alteration to each member of the Executive and to each team representative at least one (1) week prior to the date of the Annual or Special Meeting.My question is....i) Would it be my understanding that only a voting member could put forth a Notice of Motion?ii) Would the Notice of Motion need to include the name of the person moving the motion, as well as the seconder?iii) The Executive Committee would therefore not be able to put forth a "Notice of Motion"? Link to comment Share on other sites More sharing options...
jstackpo Posted June 2, 2012 at 08:02 AM Report Share Posted June 2, 2012 at 08:02 AM i) The non-voting member submission would have to be a question of bylaw interpretation - that will be up to your association. Your bylaws should (I'll bet they don't!) say what member rights a non-voter retains when he doesn't have voting rights.ii) & iii) I see nothing in what you quoted that would require names in the notice (although it would certainly be "nice") nor any authority for the ExecComm to prevent the sending out of a properly submitted amendment. They just get copies FROM the Secretary and are not otherwise involved in the process. If the ExecComm claims they do have such authority, insist that they show it to you, in writing. Link to comment Share on other sites More sharing options...
Trina Posted June 2, 2012 at 12:30 PM Report Share Posted June 2, 2012 at 12:30 PM ...ii) & iii) I see nothing in what you quoted that would require names in the notice (although it would certainly be "nice") nor any authority for the ExecComm to prevent the sending out of a properly submitted amendment. They just get copies FROM the Secretary and are not otherwise involved in the process. If the ExecComm claims they do have such authority, insist that they show it to you, in writing.I think the original poster was asking, though, if the executive committee (which appears to consist of non-members) can itself propose a bylaws amendment.Whether they (or any one of them) can submit such a proposal in writing to the secretary would depend on the exact wording of the bylaws. However, it seems to me that when it gets to actual consideration of a proposed amendment at the annual meeting, a member would have to move the amendment to bring it before the assembly. If no member wants to do so, wouldn't any previously submitted proposal made by non-members just die a quiet death? Link to comment Share on other sites More sharing options...
David A Foulkes Posted June 2, 2012 at 01:19 PM Report Share Posted June 2, 2012 at 01:19 PM If no member wants to do so, wouldn't any previously submitted proposal made by non-members just die a quiet death?It would seem that way to me, even if submitted by a member. Previous notice (as defined on p. 121) is an "announcement that the motion will be introduced", which I take to mean moved at the meeting. If no one does, business moves on. This of course assumes no other contrary rule or custom of the organization. Link to comment Share on other sites More sharing options...
Guest David Posted June 3, 2012 at 01:12 PM Report Share Posted June 3, 2012 at 01:12 PM I was the orginal poster.... My concerns is whether the executive committee which has no voting members on it, but rather one paid employee and 3 volunteers, has the authority or right to submit a Notice of Motion to be considered at the AGM. My thought would be that in order to submit a Notice of Motion it would need to be done by a voting member.I am a voting member of this organization, and I do not want the proposed motion to be considered at the AGM. Because the Constitution states that a Notice of Motion must be filed with the Secretary at least 3 weeks prior to the AGM I would like to be in the position to argue that because it was not filed by a voting member 3 weeks in advance, that it is not valid.Would i be correct in attempting to argue this position? Link to comment Share on other sites More sharing options...
Trina Posted June 3, 2012 at 01:22 PM Report Share Posted June 3, 2012 at 01:22 PM I was the orginal poster.... My concerns is whether the executive committee which has no voting members on it, but rather one paid employee and 3 volunteers, has the authority or right to submit a Notice of Motion to be considered at the AGM. My thought would be that in order to submit a Notice of Motion it would need to be done by a voting member.I am a voting member of this organization, and I do not want the proposed motion to be considered at the AGM. Because the Constitution states that a Notice of Motion must be filed with the Secretary at least 3 weeks prior to the AGM I would like to be in the position to argue that because it was not filed by a voting member 3 weeks in advance, that it is not valid.Would i be correct in attempting to argue this position?Whether you are correct in arguing this particular position depends on the exact language in the bylaws.However, if the notice has already gone out, you cant 'un-notify' people. As was previously pointed out, though, notice alone does not bring the business before the assembly. If someone assumes that the motion now must be considered, simply because notice went out, I think that would be the time to raise a point of order that only a member has the right to make a motion. The people who filed the notice, not being members, can't make the necessary motion without the permission of the assembly (suspending the rules so as to allow a non-member to make a motion). If no member wants to make the motion, and if the assembly doesn't vote to suspend the rules so as to allow a non-member to make the motion, then the motion does not come before the assembly. Link to comment Share on other sites More sharing options...
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