resignations

[Guest Mary]

In our club if a motion is put forth to change the bylaws it cannot be voted upon until the next meeting. The person that brought forth a motion to change the bylaws would like to resign however she is not sure if that will affect the motion. She will withold her resignation if a resignation will jepardize the moving forward of the motion. Can she resign now without affecting the furthering of the motion?

[Chris Harrison]

That depends on a couple of factors.

First, who says that after a motion is made to amend the bylaws that it cannot be considered until the next meeting? Is that actually in the bylaws or is someone telling you all that is how it is? If the bylaws don't require this than you all aren't bound to it.

Second, assuming this requirement is actually in the bylaws then the question is what exactly occurs when the "motion" is first made. Off the top of my head it seems that there are two ways that this could be viewed. One way would be that the bylaws require previous notice of the amendment at the previous meeting which would mean that the member is giving notification that he or she or some other member will be introducing a motion to amend the bylaws (and the language of the proposed amendment would be offered). The other way would be that the bylaws would require that a motion to amend the bylaws be automatically postponed to the next meeting for consideration. In short you will have to look to your bylaws.

However, I don't think that this person would need to be a member in either case since if previous notice is required another member could then make the motion at the proper time and if the motion is automatically postponed to the next meeting it would be the property of the assembly and would be within their control whether she is a member or not. But check those bylaws because depending on how they are worded the whole equation could be changed.

[Guest Mary]

Thanks so much for your input.

Our bylaws clearly state that "The Bylaws may be amended or revised by a two-thirds vote of the members present at any regular meeting, provided notice of such action has been given at a previous meeting."

The issue I'm wondering about is, once the motion was made and seconded at the previous meeting, and then the person making the motion, and the person seconding the motion, both resign from membership in the club, does the motion still have standing to be voted on at the next meeting? My guess is that it does, regardless of the status of those that made and seconded the original motion; it's been properly placed before the membership, it seems to me it must be dealt with by the membership despite the resignations. Does that logic seem sound to you?

[jstackpo]

Problem: The notice is NOT equivalent to making and seconding the motion, it is merely an announcement that the motion to amend will be made at the next meeting.

So at the next meeting, if nobody chooses to make the motion, nothing happens and the bylaws remain as they are.

[Guest Nancy N.]

And conversely, if the bylaws say nothing else about the amendment process, then at the meeting after the one in which the notice was announced, any current member -- that leaves out members who have resigned and are gone already -- can move the amendment.

__________

N.B. Even though it says "any" member, that does include the president. (Grumpy in-joke)

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