Guest areel Posted November 12, 2012 at 02:19 AM Report Share Posted November 12, 2012 at 02:19 AM Our by-laws require 50 members to be present at a meeting in order to vote on by-law amendments. There weere only 48 qualifying members present at the meeting. Can the Board hold open the meeting indefinitely, after dispersing those in attendance, to get 2 more signatures, or do all 50 members need to be present at the same time? Link to comment Share on other sites More sharing options...
Sean Hunt Posted November 12, 2012 at 03:30 AM Report Share Posted November 12, 2012 at 03:30 AM Our by-laws require 50 members to be present at a meeting in order to vote on by-law amendments. There weere only 48 qualifying members present at the meeting. Can the Board hold open the meeting indefinitely, after dispersing those in attendance, to get 2 more signatures, or do all 50 members need to be present at the same time?The Board can't do anything. It's a meeting of the members, not of the Board.If your quorum is 50 members, they all need to show up at the same time. The members present as a whole (not the Board) can decide to keep the meeting going to try to get 50 members present simultaneously, or to adjourn it and try again next meeting. The Board has no say in the matter, insofar as a board member may be also be entitled to a vote in the meeting. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 12, 2012 at 12:02 PM Report Share Posted November 12, 2012 at 12:02 PM The Board has no say in the matter, insofar as a board member may be also be entitled to a vote in the meeting.I'm not sure that "insofar" is the right word here. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 12, 2012 at 12:09 PM Report Share Posted November 12, 2012 at 12:09 PM I'm not sure that "insofar" is the right word here.And "show up at the same time" isn't exactly right. Fifty members need to be present at the time the vote is taken. Whether the consideration or further consideration of a bylaw amendment is in order with fewer than fifty members present is a separate issue.Most importantly, it should be noted that the exact language of the organization's rules must be consulted before any substantial opinion can be formed. Link to comment Share on other sites More sharing options...
sMargaret Posted November 12, 2012 at 04:25 PM Report Share Posted November 12, 2012 at 04:25 PM Wouldn't Postpone to a Certain Time be in order, here?Postpone it to an hour, or so, in the future, and send out members to hunt down two additional members. Link to comment Share on other sites More sharing options...
Sean Hunt Posted November 12, 2012 at 04:56 PM Report Share Posted November 12, 2012 at 04:56 PM I'm not sure that "insofar" is the right word here.I think you're right. I think I meant "except insofar". Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 12, 2012 at 04:58 PM Report Share Posted November 12, 2012 at 04:58 PM Unfortunately, postpone to a certain time is not one of the actions that can be taken in an inquorate meeting (RONR, 11th ed. p. 347). Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 12, 2012 at 05:02 PM Report Share Posted November 12, 2012 at 05:02 PM I think you're right. I think I meant "except insofar".Ah, yes, that does the trick. Link to comment Share on other sites More sharing options...
sMargaret Posted November 12, 2012 at 05:05 PM Report Share Posted November 12, 2012 at 05:05 PM Unfortunately, postpone to a certain time is not one of the actions that can be taken in an inquorate meeting (RONR, 11th ed. p. 347).But was the meeting itself inquorate, or was it just that they didn't have the number of members required to change the bylaws? Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 12, 2012 at 05:05 PM Report Share Posted November 12, 2012 at 05:05 PM Unfortunately, postpone to a certain time is not one of the actions that can be taken in an inquorate meeting (RONR, 11th ed. p. 347).My thought as well except it appears, in this case, that there is a special (presumably higher) quorum requirement for amending the bylaws so (presumably?) enough members were present for other kinds of business. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 12, 2012 at 05:06 PM Report Share Posted November 12, 2012 at 05:06 PM Unfortunately, postpone to a certain time is not one of the actions that can be taken in an inquorate meeting (RONR, 11th ed. p. 347).But we don't know that this was an inquorate meeting, only that there were not apparently enough members present to vote on bylaws amendments. Link to comment Share on other sites More sharing options...
Sean Hunt Posted November 12, 2012 at 05:06 PM Report Share Posted November 12, 2012 at 05:06 PM Unfortunately, postpone to a certain time is not one of the actions that can be taken in an inquorate meeting (RONR, 11th ed. p. 347).But Recess is, and in this case accomplishes much the same objective. Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 12, 2012 at 05:54 PM Report Share Posted November 12, 2012 at 05:54 PM But was the meeting itself inquorate, or was it just that they didn't have the number of members required to change the bylaws? But we don't know that this was an inquorate meeting, only that there were not apparently enough members present to vote on bylaws amendments. Are we coming back again to the question raised previously as to whether it is in order to introduce a motion which can not be voted on at that time? I think the last time this came up was in regard to amending a bylaw without previous notice and with less than a majority of the membership in attendance. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 12, 2012 at 05:57 PM Report Share Posted November 12, 2012 at 05:57 PM Are we coming back again to the question raised previously as to whether it is in order to introduce a motion which can not be voted on at that time? I think the last time this came up was in regard to amending a bylaw without previous notice and with less than a majority of the membership in attendance.I think it's more a question of what motions can be entertained prior to the the bylaw amendment motion even being moved, such that the minimum number of members (50) can be assembled. A motion to Recess, or perhaps to create an adjourned meeting, would not presumably require 50 members in attendance, but would allow the meeting to "continue" once 2 more members are collected to make the required 50 to continue to the bylaw amendment motion. Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 12, 2012 at 07:00 PM Report Share Posted November 12, 2012 at 07:00 PM Agreed, David, but my initial comment was in response to sMargaret's suggestion that the amendment could be postponed for a brief period, and I'm fairly certain that you can't postpone a motion which is not yet, or can not be, introduced. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 12, 2012 at 09:49 PM Report Share Posted November 12, 2012 at 09:49 PM Agreed, David, but my initial comment was in response to sMargaret's suggestion that the amendment could be postponed for a brief period, and I'm fairly certain that you can't postpone a motion which is not yet, or can not be, introduced.P. 180 ll. 9-12 indicate that you can. Beyond that, I'm not confident that the facts provided, nor the bylaw paraphrase provided, offer us enough to go safely forward. Link to comment Share on other sites More sharing options...
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