Guest Loose Posted July 17, 2012 at 07:22 AM Report Share Posted July 17, 2012 at 07:22 AM So you give previous notice - you ask the Secretary to put your notice of intent to make a motion at the annual membership meeting in the meeting call. She fails to do this. Does this mean the meeting, when it convenes, has not been properly called and thus should be adjourned? Or does the person requesting the previous notice take his/her lumps and complain a whole lot, maybe move to censure the Secretary and ask for a special meeting of the membership in order to make his/her motion? In order to have a special meeting there are requirements laid out in the bylaws - in our case 10% of the members would have to go for it - in this case, would the requirement apply?Or would you ask for an adjourned meeting far enough away so that the Secretary could give adequate previous notice for you? And adjourn without conducting any business? Link to comment Share on other sites More sharing options...
jstackpo Posted July 17, 2012 at 07:29 AM Report Share Posted July 17, 2012 at 07:29 AM Need an additional fact or two:Did you give previous notice at the prior meeting? See pp. 121 ff. for the exact definition of what a "previous notice" entails.What is the nature of the motion you want to make? What is it about the motion that requires some sort of previous notice?The annual meeting will not be invalidated by the secretary's error; the upshot will be that your motion may not be properly introduced or may just require a 2/3 vote for adoption, depending on the nature of the motion. Link to comment Share on other sites More sharing options...
Guest Guest Posted July 17, 2012 at 07:33 AM Report Share Posted July 17, 2012 at 07:33 AM Sorry - we're talking written request to the Secretary not at the previous meeting. And we are talking about moving to amend the bylaws. It would be hard, you see, to come up with majority of entire membership - unfair. Link to comment Share on other sites More sharing options...
Guest Guest Posted July 17, 2012 at 07:43 AM Report Share Posted July 17, 2012 at 07:43 AM Let's say our bylaws stipulate that to amend the bylaws requires 2/3 vote with previous notice or majority of entire membership without previous notice. Link to comment Share on other sites More sharing options...
jstackpo Posted July 17, 2012 at 07:45 AM Report Share Posted July 17, 2012 at 07:45 AM Agreed, but what does a "majority of entire membership" have to do with the requirements to amend bylaws? Is that option in your bylaws in the "Amendments" section? Do your bylaws have rules for their own amendment?"Take his lumps" is the answer to your initial question; a special meeting - or your next regular meeting - would be a perfectly good opportunity to consider the amendment, provided the bylaw amendment rules, including previous notice, are followed.The previous notice could be given at the annual meeting if the next meeting is within a "quarter" (see p. 89) away. Link to comment Share on other sites More sharing options...
Guest Guest Posted July 17, 2012 at 07:54 AM Report Share Posted July 17, 2012 at 07:54 AM No, we have just the annual membership meeting. No quarterlies. You're saying I couldn't just demand a special meeting due to the Secretary screwing up. I'd still have to get the group to vote to have a special meeting, presumably a majority vote (is that like a Priviledged motion raising question of privilege as in a request?), not the 10% requirement I'd need if I were petitioning outside of a meeting? Link to comment Share on other sites More sharing options...
jstackpo Posted July 17, 2012 at 07:58 AM Report Share Posted July 17, 2012 at 07:58 AM Can you "demand"? No -- follow your specified rules from the bylaws for calling a special meeting.(I'm going back to bed. See yah!) Link to comment Share on other sites More sharing options...
Matt Schafer Posted July 17, 2012 at 08:02 AM Report Share Posted July 17, 2012 at 08:02 AM "Take his lumps" is the answer to your initial question; a special meeting - or your next regular meeting - would be a perfectly good opportunity to consider the amendment, provided the bylaw amendment rules, including previous notice, are followed.The previous notice could be given at the annual meeting if the next meeting is within a "quarter" (see p. 89) away.The assembly could also adopt a motion to Fix the Time to Which to Adjourn. After the adjourned meeting is set, a member can give previous notice. Unless the society has specific rules governing previous notice, that would be sufficient. And it nicely takes the secretary out of the process (though the secretary still has the duty to record the notice in the minutes).No, we have just the annual membership meeting. No quarterlies. You're saying I couldn't just demand a special meeting due to the Secretary screwing up. I'd still have to get the group to vote to have a special meeting, presumably a majority vote (is that like a Priviledged motion raising question of privilege as in a request?), not the 10% requirement I'd need if I were petitioning outside of a meeting?The requirements in the bylaws must be followed in order to call a special meeting. The secretary's failure to include the previous notice in the call does not change the requirement. If an officer -- the president, perhaps -- can call a special meeting, you can ask him to call one. But then you still need to ensure that the secretary includes the notice in the call of the special meeting. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted July 17, 2012 at 01:56 PM Report Share Posted July 17, 2012 at 01:56 PM And Guest_Guest, if you're really the Original Poster Guest_Loose, please try to stick with Loose. There are too many Guest-Guests to keep track of. (GcT on holy mission) Link to comment Share on other sites More sharing options...
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