Guest Linda Spence Posted March 31, 2015 at 07:31 PM Report Share Posted March 31, 2015 at 07:31 PM 10 days ago, my Club had its regularly scheduled business meeting. No agenda was sent out beforehand. During the New Business time, a motion was presented by a member of the Board of Governors to exclude members who were in excess of 80 years of age from our membership cap of 100 members. The President was caught off-guard by this and did not take into consideration that this would be a by-laws change that would require notification to the members prior to its presentation. A short discussion ensued, including debate that this was NOT a legal motion, a vote was taken, and it passed with just over 2/3rds approval of the quorum of members present. The action reduced the membership total by a number unknown to me at this time, but would be a reduction of at least 10. There were 9 members on a waiting list. 2 members were accepted immediately as our membership roll had 2 vacancies. The other 7 were then voted on and accepted due to the prior motion being passed and immediately placed into effect. Much angry discussion has ensued since that night. Most of Board members agree that this was handled badly. The question is, how to go about correcting it? If it was illegal to start with, how simply can we undo it? Rescinding the motion may not resolve it as there HAS been action taken as a result of the vote. Although there was no performance contract enacted, those 7 "new" members were notified on the spot and their dues collected. Any direction will be most appreciated! Link to comment Share on other sites More sharing options...
George Mervosh Posted March 31, 2015 at 07:35 PM Report Share Posted March 31, 2015 at 07:35 PM A point of order needs raised at the next meeting that the motion is null and void due to the lack of proper notice, and be prepared to appeal the ruling if the point is not well taken. RONR (11th ed.), p 251 That will put everything back where it was, which still leaves you in a mess. Link to comment Share on other sites More sharing options...
Guest Linda Spence Posted March 31, 2015 at 08:28 PM Report Share Posted March 31, 2015 at 08:28 PM Thank you, Mr. Mervosh. I think that this will be successful, even if it goes to Appeal, I think the votes are there to support the nullification. I kept looking in my Rules book for some reference to "null" or "void" but couldn't find one. I will now keep "point of order" locked in my brain where I can easily retrieve it! Thanks, again! Link to comment Share on other sites More sharing options...
Josh Martin Posted March 31, 2015 at 11:24 PM Report Share Posted March 31, 2015 at 11:24 PM Rescinding the motion may not resolve it as there HAS been action taken as a result of the vote. Although there was no performance contract enacted, those 7 "new" members were notified on the spot and their dues collected. Well, it would appear that you're going to have to give them their money back and apologize profusely, since if the motion to admit those members conflicts with the bylaws, it is also null and void. You can invite them to come back if and when the club actually amends its bylaws properly, or when there are vacancies for another reason (such as resignations). Link to comment Share on other sites More sharing options...
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