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Bylaw Revision and Separate Amendments


manAscending

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A Bylaws Review Committee has been working on a draft revision to our organization's bylaws.  The committee has invited feedback from the membership to help inform the draft revision.  It's my understanding that when a revision is being considered, the bylaws currently in place are not affected by the process unless the members adopt the revision, thereby replacing the old document with the new.

 

Let's say a member likes the current bylaws yet would like to propose an amendment to them, but outside of the revision process being undertaken by the Bylaws Review Committee.  I'm wondering how the two separate-yet-related proposals (the draft revision and the single amendment to the current bylaws) "dance" with each other.

 

My questions are:

  • If the member's proposed amendment were to reach the floor prior to the draft revision and be carried, would that affect committee's ability to move the draft revision if it contained language that conflicted with the single amendment which was previously carried?
  • If the member's proposed amendment were to be reach the floor after the draft revision, and the draft was carried, assuming the revision came into effect immediately, would his proposed amendment be ruled out of order because the document it was seeking to amend was no longer in effect?
  • If there was a proviso attached to the draft revision delaying the date at which the new bylaws come into effect, could the member still seek to amend the bylaws that were in place at the start of the meeting in an attempt to effectuate the amendment until the proviso date?

Thanks.

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The member's proposed amendment should be considered first, and if adopted it will not impair the committee's ability to move the draft revision (RONR, 11th ed., pp. 593-94).

 

If the revision is adopted first, the member's proposed amendment may need to be dropped if it no longer presents a rational proposition (p. 594, ll. 21-27).

 

I think the answer to your final question is yes.

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Thanks, Dan.

 

As a follow-up to my first question, if the member's proposed amendment is carried before the committee's revision reaches the floor, what is the procedure for dealing with an item in the revision that would affect the previously carried amendment?  Would that specific item in the revision have be treated separately as a motion to amend something previously adopted, or would adopting the revision simply override the bylaws that had just been amended?

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Thanks, Dan.

 

As a follow-up to my first question, if the member's proposed amendment is carried before the committee's revision reaches the floor, what is the procedure for dealing with an item in the revision that would affect the previously carried amendment?  Would that specific item in the revision have be treated separately as a motion to amend something previously adopted, or would adopting the revision simply override the bylaws that had just been amended?

 

The proposed revision is, itself, a motion to Amend Something Previously Adopted. The adoption of the member's amendment will have no effect on its consideration.

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