William Kennedy Posted March 12, 2014 at 03:04 PM Report Share Posted March 12, 2014 at 03:04 PM Our member group is preparing a motion for consideration by the membership at its upcoming AGM. The motion is to appoint a special committee of the membership (in effect a bylaw committee) to make recommendations for changes to the bylaws. We have determined, with the advice of legal counsel, that our bylaw gives the membership authority to establish committees. However, as mentioned in my previous posts, only the Board has the authority to amend the bylaw even though the membership must later confirm any changes, failing which they cease to have effect. Only at the time of confirmation, may the membership further amend the bylaw amendments adopted by the Board. In light of the above, there would ordinarily be no need for a bylaw committee of the membership since the Board constitutes its on ad hoc bylaw committee. However, our objective is to formally present our position to the Board (which, at present, opposes us). Our member group now represents a majority - but less than 2/3 - of the entire membership. If the motion is offered at the AGM, it is more than likely to be adopted. (We would not be in this advantageous position were it not for the invaluable assistance from members of this forum!) Question: Would our motion be in order? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 12, 2014 at 03:09 PM Report Share Posted March 12, 2014 at 03:09 PM Umm, what motion? Link to comment Share on other sites More sharing options...
William Kennedy Posted March 12, 2014 at 03:22 PM Author Report Share Posted March 12, 2014 at 03:22 PM The motion to appoint (establish) a special committee of the membership at the AGM. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 12, 2014 at 03:52 PM Report Share Posted March 12, 2014 at 03:52 PM Our member group is preparing a motion for consideration by the membership at its upcoming AGM. The motion is to appoint a special committee of the membership (in effect a bylaw committee) to make recommendations for changes to the bylaws. We have determined, with the advice of legal counsel, that our bylaw gives the membership authority to establish committees. However, as mentioned in my previous posts, only the Board has the authority to amend the bylaw even though the membership must later confirm any changes, failing which they cease to have effect. Only at the time of confirmation, may the membership further amend the bylaw amendments adopted by the Board. In light of the above, there would ordinarily be no need for a bylaw committee of the membership since the Board constitutes its on ad hoc bylaw committee. However, our objective is to formally present our position to the Board (which, at present, opposes us). Our member group now represents a majority - but less than 2/3 - of the entire membership. If the motion is offered at the AGM, it is more than likely to be adopted. (We would not be in this advantageous position were it not for the invaluable assistance from members of this forum!) Question: Would our motion be in order? Based on the facts presented, I see no reason why the motion would be out of order. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted March 13, 2014 at 09:24 AM Report Share Posted March 13, 2014 at 09:24 AM Question: Would our motion be in order? So Bill, can you give a hint of what might be bothering you? Link to comment Share on other sites More sharing options...
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