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Bylaws Amendment


Guest Sally

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"If the bylaws or governing instrument contains no provision relating to amendment, a motion to rescind or amend applied to a constitution or to bylaws is subject to the same voting requirement as to rescind or amend special rules of order - that is, it requires (a) previous notice as described above and a two-thirds vote or ( b ) a vote of a majority of the entire membership." (RONR p. 307)

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On a 5 to 4 vote, our public body amended our by-laws to require future by-law amendments to be made by a 2/3's vote.  This was after a year of discussion.  One of the four voting against this wishes to put a motion forward to rescind that decision.  Will that require a majority (5-4 vote)to rescind or a 2/3's vote to rescind, since it is amending our by-laws, which now requires a 2/3's vote?

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On a 5 to 4 vote, our public body amended our by-laws to require future by-law amendments to be made by a 2/3's vote.  This was after a year of discussion.  One of the four voting against this wishes to put a motion forward to rescind that decision.  Will that require a majority (5-4 vote)to rescind or a 2/3's vote to rescind, since it is amending our by-laws, which now requires a 2/3's vote?

If the bylaw amendment to which you first referred has already become effective, then any amendment will have to follow the new provisions regarding amendments.

 

Gust Philip, in the future, it would be best if you would you post your question as a new topic.   Think of this thread as guest Sally's thread.   The forum works best that way.

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On a 5 to 4 vote, our public body amended our by-laws to require future by-law amendments to be made by a 2/3's vote.  This was after a year of discussion.  One of the four voting against this wishes to put a motion forward to rescind that decision.  Will that require a majority (5-4 vote)to rescind or a 2/3's vote to rescind, since it is amending our by-laws, which now requires a 2/3's vote?

 

You can't rescind something that has already been completed, and the motion to amend the bylaws was apparently completed as soon as it was approved.

 

The only way to change the bylaws now is by the normal amendment process, just as any other bylaws amendment--one which now requires 2/3 approval.

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