by order of the assembly

[cdjames2]

In an organization I am in the bylaws say that we will meet at a particular time of the month. This last month the new president wants to change the time of the meeting. She did not announce in writing that we would be voting to change the time of the meeting.  The bylaws says "unless ordered by the assembly" the meeting well be held at a particular time.  My question is does the term "ordered by the assembly" mean? Would this be a 2/3 vote because the assembly was not told we were making a vote. or does it mean 1/3 vote which is what we use for votes outside of the votes to change the bylaws.

[Rev Ed]

The By-laws are up to the organization to decide.  See pages 588-591 of RONR 11th edition for some interpretation guidance.   However, based on what you have written, the President cannot decide this on her own.  But, I would suggest a majority vote at a meeting.  I do not understand the 1/3 vote the organization uses, so it sounds like this is more complex than appearances.

[Timothy]

In an organization I am in the bylaws say that we will meet at a particular time of the month. This last month the new president wants to change the time of the meeting. She did not announce in writing that we would be voting to change the time of the meeting.  The bylaws says "unless ordered by the assembly" the meeting well be held at a particular time.  My question is does the term "ordered by the assembly" mean? Would this be a 2/3 vote because the assembly was not told we were making a vote. or does it mean 1/3 vote which is what we use for votes outside of the votes to change the bylaws.

 

I would recommend looking at your bylaws carefully, because there may be some strange stuff going on there. But it may depend on whether this is a temporary change or a permanent change. The wording, however, is similar to what I would expect to see in the bylaws if the assembly can change the time for the next month's meeting with a simple majority. But if the change is intended to be permanent, it would be a change to the bylaws and the vote required is whatever the organization requires for a change to the bylaws. The RONR recommends that instructions on changing the bylaws be included in the bylaws and suggests notice and a 2/3 vote.

[Josh Martin]

In an organization I am in the bylaws say that we will meet at a particular time of the month. This last month the new president wants to change the time of the meeting. She did not announce in writing that we would be voting to change the time of the meeting.  The bylaws says "unless ordered by the assembly" the meeting well be held at a particular time.  My question is does the term "ordered by the assembly" mean?

 

A majority vote is sufficient unless your rules provide otherwise (assuming this is a temporary change).

 

or does it mean 1/3 vote which is what we use for votes outside of the votes to change the bylaws.

 

This makes no sense to me whatsoever. Is there a typo or something?

[Guest channelle James]

Yes this is typo.I should have said majority vote is normal.

[Guest Guest]

This change will take place from now on.

[Guest channelle James]

The By-laws are up to the organization to decide. See pages 588-591 of RONR 11th edition for some interpretation guidance. However, based on what you have written, the President cannot decide this on her own. But, I would suggest a majority vote at a meeting. I do not understand the 1/3 vote the organization uses, so it sounds like this is more complex than appearances.

[Guest Guest]

Actually I should have said majority instead of 1/3. If we change the bylaws we need a 2/3 vote. But some say that because of the statement says "by order of the assembly" we are not changing the bylaws. Think we have a bylaw that nullifies itself unless this is only temporary change of times. Thank you everyone. I have a better point of reference now.

[David A Foulkes]

Actually I should have said majority instead of 1/3. If we change the bylaws we need a 2/3 vote. But some say that because of the statement says "by order of the assembly" we are not changing the bylaws. Think we have a bylaw that nullifies itself unless this is only temporary change of times. Thank you everyone. I have a better point of reference now.

 

The rules in the bylaws are not suspendable unless they a.) are "clearly identifiable as in the nature of rules of order", or b.) provide for their own suspension. (RONR 11, p. 17)  Similarly, the bylaw that designates the time of meetings effectively allows for its own suspension with the phrase "unless ordered by the assembly."  However, in order for the assembly to designate a different meeting time, the assembly will need to do so at a meeting.  So, logically, you must first hold a meeting at the bylaw-specified time to adopt a motion to change the meeting time, and that makes it hard to do for that meeting, but could be done to change the next meeting time.

 

If the change to the meeting time were to be permanent, the assembly could adopt such a motion at each meeting relating to the time of the next scheduled meeting. The easier way would be to amend the bylaws, of course, assuming it was agreeable to enough members to get the required vote.

[Gary Novosielski]

It does look like your bylaws allow a change in meeting date, if "ordered by the assembly".  A majority vote would be sufficient because this is not a bylaws amendment.

 

But that still means the change would have to be moved and approved at a meeting of the assembly.  The assembly can't make decisions or order changes except by formal action taken at a meeting.