Deciding if an amendment to a motion is within the scope of that motion

[flipper92]

Hello all:

 

There is a motion on the floor to change one of the bylaws. The change has to do with the threshold required for the organization to give it's approval to certain action items. Right now the threshold is simple majority. The motion is to increase that threshold to 2/3 instead. Another member offers an amendment to the motion: change the threshold to 2/3, but keep the simple majority if the action item in question is of a limited duration. For example, voting to approve a maintenance contract that is ongoing, versus a maintenance contract that expires in one year.

 

It seems to me that the offer is beyond the scope of the original motion, and should instead be offered after the vote on the original motion is taken. The amendment doesn't really go to the proposed rule change in the motion; it simply adds an exception to it. Or is adding this exception still within the scope? Easier question: someone offers to amend the motion so that the threshold is 3/4 instead.

Thanks.

 

[Dan Honemann]

Hello all:

 

There is a motion on the floor to change one of the bylaws. The change has to do with the threshold required for the organization to give it's approval to certain action items. Right now the threshold is simple majority. The motion is to increase that threshold to 2/3 instead. Another member offers an amendment to the motion: change the threshold to 2/3, but keep the simple majority if the action item in question is of a limited duration. For example, voting to approve a maintenance contract that is ongoing, versus a maintenance contract that expires in one year.

 

It seems to me that the offer is beyond the scope of the original motion, and should instead be offered after the vote on the original motion is taken. The amendment doesn't really go to the proposed rule change in the motion; it simply adds an exception to it. Or is adding this exception still within the scope? Easier question: someone offers to amend the motion so that the threshold is 3/4 instead.

Thanks.

 

An amendment decreasing the number of items which will be affected by the proposed bylaw amendment would be within the scope of the notice given.

 

An amendment increasing the proposed change from 2/3 to 3/4 would be beyond the scope of the notice.

[flipper92]

I understand how the amendment in question would in fact decrease the # of items affected by the proposed bylaw, but it does so by creating a new category of action items that currently does not exist. Requiring 30 days written notice before voting on such action items would also decrease the # of items affected, but certainly that would not be in the scope of the proposed bylaw. Is the "# affected" test the only guideline for "scope"?

[Dan Honemann]

I understand how the amendment in question would in fact decrease the # of items affected by the proposed bylaw, but it does so by creating a new category of action items that currently does not exist. Requiring 30 days written notice before voting on such action items would also decrease the # of items affected, but certainly that would not be in the scope of the proposed bylaw. Is the "# affected" test the only guideline for "scope"?

 

You say that "The change has to do with the threshold required for the organization to give it's [sic] approval to certain action items." My understanding is that the proposed amendment simply eliminates some of these "action items" from the group of those for which the vote required for adoption will be increased.

 

It might help if you provided greater factual details, and tell us what you mean by "action items".

[Tom Coronite]

Are we talking "scope of the motion/bylaw" (and perhaps therefore germaneness)?  Or is the OP a question on "scope of notice" which the OP hasn't used in any questions?  I'm a bit confused.

[flipper92]

To respond to 1st Church first: the question is "scope of the motion/bylaw" or germaneness. Example of an action item: Approval of a contract for goods or services. The bylaws currently require a majority vote to approve. The motion is to change that threshold to 2/3. Another member wants to limit the change only to those contracts of indefinite length. I am suggesting that the vote on the change in the threshold come first, and then a vote to carve out an exception to that threshold for items with a definite time period come after. Because there are really two questions: should we have different procedures for different categories of action items? And what should our approval threshold be to approve those items? The discussions on those two questions are very different.

[Dan Honemann]

To respond to 1st Church first: the question is "scope of the motion/bylaw" or germaneness. Example of an action item: Approval of a contract for goods or services. The bylaws currently require a majority vote to approve. The motion is to change that threshold to 2/3. Another member wants to limit the change only to those contracts of indefinite length. I am suggesting that the vote on the change in the threshold come first, and then a vote to carve out an exception to that threshold for items with a definite time period come after. Because there are really two questions: should we have different procedures for different categories of action items? And what should our approval threshold be to approve those items? The discussions on those two questions are very different.

 

I'm afraid that this explanation does nothing to make your questions any clearer.

 

If your questions in post #1 are concerned with whether or not either of the proposed amendments to the proposed bylaw amendment will violate scope of notice requirements (RONR, 11th ed., pp. 307-308; pp. 594-96), and assuming, of course, that proper notice of the proposed bylaw amendment was given, my response remains the same as in posts 2 and 4. If, however, you are concerned only with a question of germaneness (RONR, 11th ed., pp. 136-38), then my response is that both of the proposed amendments are germane.

 

In either event, the motion to amend the proposed bylaw amendment will be voted on before voting on the proposed bylaw amendment itself.