Calling a Special Meeting

[Guest Angie]

Our president called for a special meeting, and notified our board members via email. Our bylaws state that notice must be mailed:

1. Meetings

The Board shall meet regularly each month. Special meetings shall be held on call of the President or upon the written request of at least three (3) members of the Board. Notice of regular and special meetings of the Board shall be mailed to each member not less than five (5) days before the date of the meeting.

I would like reference Robert's Rules if necessary, that also support that notice must be mailed, or that email is unacceptable. Please help?

Thanks in advance,

Angie

[Guest Angie]

This topic posted twice. Do not reply on this one. Thank you. Angie

[Gary c Tesser]

RONR, 11th Ed., p. 89: "When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:

"a) by postal mail to the member's last known address; or

"b ) by a form of electronic communication, such as e-mail of fax, by which the member has agreed to receive notice."

So it's not quite unacceptable. There are some who say that "mailed" excludes e-mail; I happen not to be one of them myself. But your membership itself would need to make the determination as to whether e-mail counts or not.

[Gary c Tesser]

Oops. Sorry, Angie, I have gone the other way.

[Guest Edgar]

Our president called for a special meeting, and notified our board members via email. Our bylaws state that notice must be mailed:

Did every board member receive the notice on time? Is some member claiming he didn't receive it or just that it came in his computer's mailbox, not the one in front of his house?

[Guest Angie]

Did every board member receive the notice on time? Is some member claiming he didn't receive it or just that it came in his computer's mailbox, not the one in front of his house?

The President sent the email on Wed 6/27/12 at 3:27 PM for the special meeting to occur on Monday 7/2/12 at 5:00 PM. Some member's understand our bylaws stating "mail" means postal mail, so if deferred to RONR, what passage is it?

[Guest Angie]

Oops. Sorry, Angie, I have gone the other way.

Gary,

I thought I had deleted, but apparently not! Thank you for your response.

[SaintCad]

What process would need to happen for the body to decide whether to interpret "mailed" a strictly post or post and email other than actually changing the bylaws? Could they make a standing rule by majority vote or suspend the rules with a 2/3 vote to hold the special meeting?

[Guest Edgar]

Could they make a standing rule by majority vote or suspend the rules with a 2/3 vote to hold the special meeting?

And they would do this at a meeting to be held before next Monday?

Better, I think, for the complaining member to raise a point of order.

[Sean Hunt]

And they would do this at a meeting to be held before next Monday?

Better, I think, for the complaining member to raise a point of order.

Yes. The member should raise a Point of Order, and if the member does not like the result and Appeals it (with a second), then the Board can vote (by majority) whether or not interpret email as counting as mail.

[Dan Honemann]

"When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:

a ) by postal mail to the member's last known address; or

b ) by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice"

RONR, 11th ed., page 89, lines 16-22.

[Gary Novosielski]

What process would need to happen for the body to decide whether to interpret "mailed" a strictly post or post and email other than actually changing the bylaws? Could they make a standing rule by majority vote or suspend the rules with a 2/3 vote to hold the special meeting?

The notice for a special meeting protects the rights of (potential) absentees, so those present cannot simply vote to eliminate it without a bylaws change (or possibly a special rule of order).

But read carefully the rule on p. 89. If that rule applies to you, then e-mail and fax count as written notice. E-mail and fax ARE acceptable means of written notice IF (and presumably only if) the member being notified has agreed to that method of delivery. If not, then postal mail is the only method acceptable.

I would ordinarily count e-mail to be 'in writing' and even a form of 'mail' but I think the requirement that members agree in advance is a good one. Only the member knows how often they check their e-mail, or how reliable their service is.

[Rev Ed]

"When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:

a ) by postal mail to the member's last known address; or

b ) by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice"

RONR, 11th ed., page 89, lines 16-22.

Unfortunately, Dan the By-laws supercede this by stating "mail" and not "electronic communication" which in my humble opinion means mail only and not e-mail.

[Gary Novosielski]

Unfortunately, Dan the By-laws supercede this by stating "mail" and not "electronic communication" which in my humble opinion means mail only and not e-mail.

The bylaws would not have to say "electronic". They would only have to say "sent" or "in writing", for page 89 to apply. That would allow them to receive notice by e-mail or fax, but only for members who agreed in advance.

I would probably argue that a bylaw provision saying "mailed" is close enough to fall under this rule, but again, only with the necessity of prior individual member agreement before electronic means would be allowed.

Of course my opinion doesn't actually count because I am not a member of their society.

[Gary c Tesser]

"..."

RONR, 11th ed., page 89, lines 16-22.

Dan, what's the difference between this and Post #3, except that with your insatiably competitive nature you like to type more than I do?

[Gary Novosielski]

Dan, what's the difference between this and Post #3, except that with your insatiably competitive nature you like to type more than I do?

It's newer!

[David A Foulkes]

There are some who say that "mailed" excludes e-mail; I happen not to be one of them myself.

Gary, if it's okay with you, I'm going to "mail" you a million dollars in unmarked bills, none larger than a twenty. Keep checking your inbox.

[Rev Ed]

The bylaws would not have to say "electronic". They would only have to say "sent" or "in writing", for page 89 to apply. That would allow them to receive notice by e-mail or fax, but only for members who agreed in advance.

I would probably argue that a bylaw provision saying "mailed" is close enough to fall under this rule, but again, only with the necessity of prior individual member agreement before electronic means would be allowed.

Of course my opinion doesn't actually count because I am not a member of their society.

I would also imagine that by using the word "mail" within the word "e-mail" one could argue that e-mail would be allowed if applicable in that case. Of course fax use would be out.

[Dan Honemann]

I would also imagine that by using the word "mail" within the word "e-mail" one could argue that e-mail would be allowed if applicable in that case. Of course fax use would be out.

You say that fax use would be out, but what about an "e-mail of fax" (see post #3, which I'll confess I didn't see before I posted, but then if I had seen post #3 Angie might never know that she doesn't have to e-mail a fax in order to be in compliance with the rule, because I probably wouldn't have looked at post #3 carefully enough to notice how Gary messed it up).

But seriously, does anyone think that (assuming Angie's group has adopted RONR as its parliamentary authority) this notice is invalid because it was sent by e-mail even if all of the members to whom it was sent by e-mail have agreed to receive notices by e-mail?

[Tim Wynn]

But seriously, does anyone think that (assuming Angie's group has adopted RONR as its parliamentary authority) this notice is invalid because it was sent by e-mail even if all of the members to whom it was sent by e-mail have agreed to receive notices by e-mail?

It would only be invalid if the rules of Angie's group say it is invalid, and I have seen nothing from her post to make me believe that the group's rules provide such an invalidation.

I'll fax an e-mail to Gary to get his thoughts.

[Gary Novosielski]

Gary, if it's okay with you, I'm going to "mail" you a million dollars in unmarked bills, none larger than a twenty. Keep checking your inbox.

Just e-mail 'em using Paypal, that'll be fine.

[David A Foulkes]

It would only be invalid if the rules of Angie's group say it is invalid, and I have seen nothing from her post to make me believe that the group's rules provide such an invalidation.

But the citation from RONR says either a) by postal mail or by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice. That to me says that in the absence of an adopted rule invalidating electronic notice, it is in fact acceptable but only for members who agree to such method. If there's no rule that says postal mail and postal mail only, then the next level of validation is member agreement. Absent member agreement to electronic notice, it's back to the cave for stamps and envelopes.

[Tim Wynn]

But the citation from RONR says either a) by postal mail or by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice. That to me says that in the absence of an adopted rule invalidating electronic notice, it is in fact acceptable but only for members who agree to such method. If there's no rule that says postal mail and postal mail only, then the next level of validation is member agreement. Absent member agreement to electronic notice, it's back to the cave for stamps and envelopes.

Is this your way of concurring with my post?

[David A Foulkes]

Is this your way of concurring with my post?

I don't think so. Angie has yet to post anything that indicates members have agreed to electronic communication of notice. That leaves postal mail, or as we simple folk like to call it, mail (as it is specified in her bylaws).

[Tim Wynn]

I don't think so. Angie has yet to post anything that indicates members have agreed to electronic communication of notice. That leaves postal mail, or as we simple folk like to call it, mail (as it is specified in her bylaws).

Dan's question provides that all members receiving e-mail notice have agreed to such a form.