Effect of not following Notice requirements

[DanielEHayes]

An organization I am a part of, as many of you are already aware has some unusual rules. Of course looking at the sorts of things people draft in bylaws as seen on this forum, maybe unsual is really usual.  In any event, our current rules were adopted in a state convention comprised of 7 members in 2012. Since that time after I have gotten involved we have multiple sub affiliates(local/parish) of the state affiliate that typically have as many members or more show up to a monthly meeting on a bad night as were at the convention. Our last regular quarterly meeting for the board that governs the state organization had upwards of 60-70 people in attendance(including about 26 board members).
During the last convention the 7 delegates in attendance opted to take the organization from an annual convention cycle to a 4 year cycle. That has prevented lots of needed changes from occuring now that the organizations growth has exploded.  The Special Rules of the organization where most of the problems lie can only be amended in convention by a majority vote at any convention. So of course you say, just wait until convention. But here is one little tidbit from our Special Rules.
 

"12.  Notice of each Regular or Special Convention shall be published in at least one

newspaper serving each Parish no later than 60 days prior to such convention

and every week thereafter until the convention."

There are 64 Parishes in the state. Figure 8-10 weeks. You are talking about a cost of over $5000 to just provide for THIS part of the notice requirements(there are other lesser newspaper requirements as well.). We possibly could afford this now, even though its a huge waste, but it will be a stretch.

I have NO idea where this provision came from. It is not required by our National parent organization. It is not required by state or federal law. The author of the provision resigned from being Chairman for the second time a week after I took office as a member of the expanding board and is not very responsive.

So, I realize that its a notice requirement and creates a continuing breech that leaves it pretty wide open that anyone from any of the 64 parishes that is a general Member can scream foul to declare the whole thing null and void. So what happens if they do? What if the board and the general membership ignores them?

Throwing extra wrinkles, the version of the bylaws adopted in 2009 is where this crazy notice requirement first entered the bylaws I think. I can say with pretty fair certainty that means that the 2012 convention was not properly noticed.

What would even happen in this whole mess if someone started raising points of order about the lack of notice?

[Transpower]

Yes, this is a continuing breech.  However, I assume that you had a quorum at the 2012 convention, so motions passed there would seem to be OK.  Of course, you could seek to amend or rescind these motions at the next convention.  You could also suggest changing this Special Rule.  Special Rules of order require previous notice and 2/3 vote or a majority of the entire membership.

[DanielEHayes]

Nope...our special rules can only be amended at any convention.

[DanielEHayes]

I did attempt to enact an official mail ballot to all the dues paying members recently to amend the bylaw that controls how our special rules are amended. It was written to change it to, The Board could amend the special rules with a two-thirds vote and previous notice as well as by a majority of the delegates at any convention. It is going to be counted next week, but I have a good idea that it failed.

Here's the problem with the 2012 convention. I am certain they did NOT put a notice in one paper in every parish in the state starting 60 days out and every week until the convention. That crazy notice requirement was already in place in the 2009 bylaw revision. So there is a continuing breech there over the 2012 convention. What happens if someone raises a point of order about that?

[Dan Honemann]

Here's the problem with the 2012 convention. I am certain they did NOT put a notice in one paper in every parish in the state starting 60 days out and every week until the convention. That crazy notice requirement was already in place in the 2009 bylaw revision. So there is a continuing breech there over the 2012 convention. What happens if someone raises a point of order about that?

 

When a point of order is properly raised, the chair rules on it, and an appeal may be taken from that ruling.

 

Read Sections 23 and 24 in RONR, 11th ed.