Bylaws Change

[Teapotmaker]

Some faculty members in my department would like to change the organizational structure of the department. The group submitted a motion, with the correct number of signatures, as outlined in the Bylaws. The faculty will consider this motion at its next meeting. The motion is intended to eliminate one layer of administration. The motion is to strike a single line in the Bylaws of the unit. There are references to this layer of administration throughout the Bylaws. Should the motion have included proposed changes to all areas of the Bylaws that referred to this layer of administration?

[Sean Hunt]

Should it have? Probably. Does it need to? No.

What can happen next depends precisely on your department's bylaws. If they allow enough flexibility for amendments to be made to the bylaw amendment when it comes up for a vote, and if eliminating the references to the department doesn't involve a "bigger" change (more on that later), then there's a strong argument that those related amendments could be made at the meeting when the motion is debated.

The reason that I mention a "bigger" change is that there is a concept called the scope of the notice. If the notice of a motion (that requires notice) indicates some changes, then an amendment made to that motion cannot go outside the bounds of what the notice was given for. A classic example is member dues: if notice is given to increase the member dues by $5, then it's in order to try to lower it to a $4 increase, but not to increase it to $6, since that's a bigger change.

It's sometimes a bit difficult to determine exactly what falls into the scope of a notice, but as an example, if the bylaw change would eliminate a position, then I would personally find that removing the position from a committee would probably fall into the scope, but replacing them with someone else would not.

If this presents a big issue, then the best solution would be for the department meeting to agree to Postpone the motion or Refer it to a committee to work on the incidental amendments, and then have notice properly given of the revised changes to the entire bylaws for the next meeting.

[Teapotmaker]

Thank you, Sean Hunt.

 

From my understanding, a motion to change the Bylaws may be amended at the meeting by majority vote. If the motion is amended, I do not believe it can be voted on at that meeting. It may require another meeting with proper notice. Bylaws changes also require a 2/3 vote.

[Guest Edgar]

If the motion is amended, I do not believe it can be voted on at that meeting. It may require another meeting with proper notice. 

 

Well, that's not RONR's rule, as long as the amendment falls within the "scope of the notice" of the noticed amendment. Which is what Mr. Hunt said.

[Teapotmaker]

Thank you, Guest_Edgar_*.

 

I'll look into the scope of notice.