Some questions on bylaws amendments process

[mikalac]

At the upcomig 9/20 owner meeting, I will have 14 bylaws amendments on the agenda. 8 of these will be paragraph substitutions (I used the words "strike out and insert" because I didn't know better at the time). 6 will be paragraph insertions.

 

Robert, pages 142 and 144 describes the ways the chair can read the substitution amendments: 3 step, 1 step and 4 step. The chair would be politically motivated to use the 4 step method or at least the 3 step method to drag things out, so that the owners will get bored and walk out.

 

Question 1: Is there any way that I can force the chair to use the 1 step way to expedite the process?

 

Question 2: If the answer to question 1 is "no", can I "suggest" that he use the 1 step way?

 

Question 3: If the answer to question 2 is "yes", what is the appropriate form of the suggestion?

 

Question 4: Can the chair force me to read my amendments to give himself a rest?

 

Question 5: Can the chair assign the reading of the amendments to another person to give himself a rest?

 

Thanks again for your help.

 

 

 

[Chris Harrison]

1) No.  Also, in my opinion the Chair should be given wide latitude to make sure that the members know what they are voting on (especially when dealing with the bylaws).  See RONR p. 454 starting on line 34 through p. 455.

2) I suppose you could but I would be very hesitant in streamlining the process unless you are very sure the members aren't going to be confused on what they are voting on (especially when dealing with the bylaws since they can't be amended back as easily if mistakes are made).

3) You can talk to him before the meeting and make the suggestion.  However, if the Chair's intent is to draw the meeting out so members leave he is not very likely to listen to the suggestion. 

4&5) See RONR p. 33 ll. 15-34.

[Dan Honemann]

At the upcomig 9/20 owner meeting, I will have 14 bylaws amendments on the agenda. 8 of these will be paragraph substitutions (I used the words "strike out and insert" because I didn't know better at the time). 6 will be paragraph insertions.

 

Robert, pages 142 and 144 describes the ways the chair can read the substitution amendments: 3 step, 1 step and 4 step. The chair would be politically motivated to use the 4 step method or at least the 3 step method to drag things out, so that the owners will get bored and walk out.

 

Question 1: Is there any way that I can force the chair to use the 1 step way to expedite the process?

 

Question 2: If the answer to question 1 is "no", can I "suggest" that he use the 1 step way?

 

Question 3: If the answer to question 2 is "yes", what is the appropriate form of the suggestion?

 

Question 4: Can the chair force me to read my amendments to give himself a rest?

 

Question 5: Can the chair assign the reading of the amendments to another person to give himself a rest?

 

Thanks again for your help.

To begin with, you should note that Section 12 of RONR (which includes the pages to which you refer) sets forth the rules relating to subsidiary motions to Amend, and not rules relating to motions to amend the bylaws, which are motions to Amend Something Previously Adopted (dealt with in Sec. 35).

[mikalac]

1) No.  Also, in my opinion the Chair should be given wide latitude to make sure that the members know what they are voting on (especially when dealing with the bylaws).  See RONR p. 454 starting on line 34 through p. 455.

2) I suppose you could but I would be very hesitant in streamlining the process unless you are very sure the members aren't going to be confused on what they are voting on (especially when dealing with the bylaws since they can't be amended back as easily if mistakes are made).

3) You can talk to him before the meeting and make the suggestion.  However, if the Chair's intent is to draw the meeting out so members leave he is not very likely to listen to the suggestion. 

4&5) See RONR p. 33 ll. 15-34.

Thanks. That clarifies 3 of the questions. What about the other two?

 

Note: On #4, by "force" I mean the chair saying that he won't read my amendments; I must do that.

[George Mervosh]

Take a look at pp. 32ff and bring some oxygen to the meeting.

[Chris Harrison]

Thanks. That clarifies 3 of the questions. What about the other two?

The last line of my response answered questions 4 & 5.

[Guest Zev]

In this regard, is it possible for the gentleman to move that his fourteen bylaw amendments be considered as a whole, then one of his friends moves the Previous Question and the whole ball of wax be adopted with one single vote?

[Josh Martin]

Robert, pages 142 and 144 describes the ways the chair can read the substitution amendments: 3 step, 1 step and 4 step. The chair would be politically motivated to use the 4 step method or at least the 3 step method to drag things out, so that the owners will get bored and walk out.

 

What is said regarding a motion to Amend by substitution has nothing to do with a motion to Amend Something Previously Adopted. In the latter case, only amendments to the proposed language are in order.

 

Question 1: Is there any way that I can force the chair to use the 1 step way to expedite the process?

 

Question 2: If the answer to question 1 is "no", can I "suggest" that he use the 1 step way?

 

Question 3: If the answer to question 2 is "yes", what is the appropriate form of the suggestion?

 

This is all irrelevant, since you're looking at the wrong motion.

 

Question 4: Can the chair force me to read my amendments to give himself a rest?

 

Question 5: Can the chair assign the reading of the amendments to another person to give himself a rest?

 

No, he can't force you to read your amendments (assuming you give written copies to the chair or Secretary). You must still move the amendment, but you need only describe enough for them to know which motion you're talking about. He can have the Secretary read the amendments.

 

Can the chair insist that I read the motions instead of the chair or the Sec'y.?

 

No.

 

Is there any way that I can prevent the chair from insisting that he, or the Sec'y or I read the motions so that the member votes on them will be expedited?

 

No. A member has the right to require that a motion before the assembly be read.

 

In this regard, is it possible for the gentleman to move that his fourteen bylaw amendments be considered as a whole, then one of his friends moves the Previous Question and the whole ball of wax be adopted with one single vote?

 

This strategy would really only work with unanimous consent. The member may make a single motion to adopt all fourteen bylaw amendments, however, a single member may demand that one (or all) of the amendments be considered separately. (RONR, 11th ed., pgs. 274-275) Consider as a Whole and the Previous Question are in order, although the original motion may end up being fourteen motions before there is a chance to do that. Additionally, this does not in any case prevent a member from requiring that the motions be read.

 

Finally, based on Mr. Mikalac's previous posts on this subject, I'm a bit skeptical whether he has the votes to accomplish any of those suggestions.