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Bylaw amendments done incorrectly in the past


Guest Paul March

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Another way, which I am not recommending because it strikes me as somewhat unethical, would be to intentionally raise a point of order, allow the chair to rule, and if the ruling is unfavorable, appeal it.  That would settle the matter, and would require a lower vote threshold.

 

It would only settle the matter until another member, in another assembly, raised the same point of order.

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If you're worried about whether the validity of the bylaws might someday be questioned, and if the membership wishes to forestall any action to declare the changes null and void, they can and probably should give proper notice of a revision to the bylaws, present the document as they think it should be as the revision, and vote it in properly, once and for all.

 

Another way, which I am not recommending because it strikes me as somewhat unethical, would be to intentionally raise a point of order, allow the chair to rule, and if the ruling is unfavorable, appeal it.  That would settle the matter, and would require a lower vote threshold.

 

But I don't like it because I believe that the vote on an appeal should not be based on what I wish the rule was, but rather on what the rule actually is, and whether the chair ruled correctly.  

 

In fact the argument could be made that since there cannot be two reasonable opinions on whether 28 is less than 30, such a ruling would not be subject to appeal at all.

 

 

 

Perhaps the safest thing to do would be to give notice of a motion to ratify any and all previous amendments that may have been out of order, wait the required 30 days, and vote on that.

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Perhaps the safest thing to do would be to give notice of a motion to ratify any and all previous amendments that may have been out of order, wait the required 30 days, and vote on that.

 

I think it would be cleaner and clearer to provide notice of a bylaws Amendment in the nature of a Revision rather than as a motion to Ratify (as it is commonly understood).  

But I don't question that it could be proper and binding as long as all of the particulars of the method for bylaws amendments are adhered to.

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Guest Paul March

As the debate seems to have settled, I wanted to thank everyone for their input - lots of great points and questions to consider.  I think we have finally decided that we can remove all doubt by giving notice of a bylaws revision and just approving them again.  Again, thanks to all.

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