Defining wording in the constitution

[Guest Erichie]

Our constitution states that all members must be sent written notice for certain items.  We would like to make a motion to define written notice to include email as opposed to just postal service.  Would this motion need to be a constitutional amendment?

[Chris Harrison]

Though in my opinion "written" also includes e-mail it would be a good idea to amend the Constitution to specify it in order to lessen the chances of arguments later.

[Guest Guest]

I was really hoping we could just make the motion to accept email as a written form of communication and not have to make it a constitutional amendment

 

[Timothy]

The only reason "written" would not already include email is if the organization is interpreting the constitution so as to not include it. If that is the case, then the constitution would need to be changed in such a way that it is interpreted to include it. However, it is possible that only a few people are interpreting it to not included email and the organization has not made that interpretation.

[Rev Ed]

The only reason "written" would not already include email is if the organization is interpreting the constitution so as to not include it. If that is the case, then the constitution would need to be changed in such a way that it is interpreted to include it.

 

Also, the Constitution is up to interpretation then.  If the organization is over 20 years old, then the founder(s) likely did not realize how important e-mail would become.  As such, a member could claim that an e-mail is not covered in the Constitution as that was not acceptable in the past.

 

P.S. I also argue that an e-mail would count as 'written' notice, but at the end of the day, it is up to the organization, not anyone on this forum, to decide.

[Timothy]

Also, the Constitution is up to interpretation then.  If the organization is over 20 years old, then the founder(s) likely did not realize how important e-mail would become.  As such, a member could claim that an e-mail is not covered in the Constitution as that was not acceptable in the past.

 

P.S. I also argue that an e-mail would count as 'written' notice, but at the end of the day, it is up to the organization, not anyone on this forum, to decide.

 

I think it would require more than just, "they didn't do it that way in the good ol' days." If we aren't careful, we'll be telling them that notice must be on paper and scribed in cursive with a quill.

[Steven Britton]

The only reason "written" would not already include email is if the organization is interpreting the constitution so as to not include it. If that is the case, then the constitution would need to be changed in such a way that it is interpreted to include it. However, it is possible that only a few people are interpreting it to not included email and the organization has not made that interpretation.

However, if the organization is incorporated or somehow falls under the control of a jurisdiction's non profit statutes there may be other considerations. This may actually be a legal question......you may need to consult the opinion of a qualified legal professional to determine the answer to this question.

[Edgar Guest]

Though in my opinion "written" also includes e-mail it would be a good idea to amend the Constitution to specify it in order to lessen the chances of arguments later.

 

I was really hoping we could just make the motion to accept email as a written form of communication and not have to make it a constitutional amendment

I think Mr. Harrison's advice is sound but I also think the organization could give members the option of receiving notices via e-mail without having to amend the constitution. Some may not have e-mail addresses and even those who do might prefer receiving their notices the old-fashioned way. For example, I've chosen to receive bank statements via e-mail but (somewhat inexplicably) I've not yet made that choice for my electric bill.

 

Another consideration is whether proof that (and when) a notice was sent might be needed. This is more easily achieved when sent via the USPS.

[Bruce Lages]

If you have adopted RONR as your parliamentary authority (in your constitution and/or bylaws) the following statement may help resolve your situation:

 

"When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:

a) by postal mail to the member's last known address; or

b ) by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice."

 

(RONR, 11th.ed. p.89, ll.16-22)

[Edgar Guest]

 . . . by which the member has agreed to receive notice."

 

(RONR, 11th.ed. p.89, ll.16-22)

 

Thanks for that citation. I'm glad to see that RONR takes the "opt in" approach.

[Guest Erica]

Thank you everyone, this has been very helpful.

[Gary c Tesser]

Thanks for that citation. I'm glad to see that RONR takes the "opt in" approach.

 

You still haven't read it?

[Edgar Guest]

You still haven't read it?

 

It's on my list.

[Rev Ed]

If you have adopted RONR as your parliamentary authority (in your constitution and/or bylaws) the following statement may help resolve your situation:

 

"When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:

a) by postal mail to the member's last known address; or

b ) by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice."

 

(RONR, 11th.ed. p.89, ll.16-22)

 

Sounds like a solution to me.