E-mail vs. Phone calls

[Guest David Willenbrock]

Our organizations Bylaws call for all members to be notified by a phone call or personal contact with a log being kept of members contacted when a Special Meeting of Membership is called by our President (chair).  The Chair sent out two emails requesting a response that members received the email.  She did not follow-up with phone calls to members that did not respond.  Knowing there were important matters to be discussed and not wanting to waste my time, I made the phone calls to membership.  At the start of the meeting, I called a point of order and was allowed to proceed.  I made my point and requested my log be admitted to the minutes as proof of adequate notice of the meeting being given.  The log was allowed into the minutes though the printed minutes aren't available yet.  After I took my seat, the chair stated that in today's day and age, email or social media such as Facebook is an acceptable substitute to phone calls and she had consulted with (un-named) people that confirmed this.  I stated it wasn't but didn't want to cause a prolonged fight.  I further stated that if she wanted email to be used, membership would have to change the bylaw.  

 

Who is right?

[Chris Harrison]

Neither of you and both of you since both of your statements are opinions (except for your last statement which is true).  That being said if the bylaws say that notice must be given by phone or personal contact then notice needs to be given by phone or personal contact.  E-mail is not personal contact and not a phone call (though I suppose if someone had a dial up modem from the '80s they could argue it was a "phone call"  ).

[Tom Coronite]

If your bylaws actually use the term "or personal contact" as a requirement for notice, I think it will be up to your organization to interpret what that means and whether or not it includes email.  Note that there is a provision that notification by email is allowed if the member has agreed to it, in regards to regular meetings when notice is required. (p 89)

[Josh Martin]

Our organizations Bylaws call for all members to be notified by a phone call or personal contact with a log being kept of members contacted when a Special Meeting of Membership is called by our President (chair).  The Chair sent out two emails requesting a response that members received the email.  She did not follow-up with phone calls to members that did not respond.  Knowing there were important matters to be discussed and not wanting to waste my time, I made the phone calls to membership.  At the start of the meeting, I called a point of order and was allowed to proceed.  I made my point and requested my log be admitted to the minutes as proof of adequate notice of the meeting being given.  The log was allowed into the minutes though the printed minutes aren't available yet.  After I took my seat, the chair stated that in today's day and age, email or social media such as Facebook is an acceptable substitute to phone calls and she had consulted with (un-named) people that confirmed this.  I stated it wasn't but didn't want to cause a prolonged fight.  I further stated that if she wanted email to be used, membership would have to change the bylaw.  

 

Who is right?

 

I think this will be a question of interpreting your organization's bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. Ultimately, the membership would decide who is right.

 

E-mail is not personal contact and not a phone call (though I suppose if someone had a dial up modem from the '80s they could argue it was a "phone call"  ).

 

E-mail is certainly not a phone call, but the phrase "personal contact" seems ambiguous enough to be subject to interpretation.