Jump to content
The Official RONR Q & A Forums

An amendment proposed by the Resolutions Committee


gpeastwoo

Recommended Posts

This is a conjectural question.

 

Motions were forwarded to the Resolutions Committee prior to a convention. The bylaws state the committee must report all resolutions to the delegates for action. The Resolutions Committee has only the power to put resolutions in proper form, eliminate duplication where similar resolutions are offered, and ensure that all resolutions relating to a specific subject will be offered in a logical sequence.

 

When reporting, the Chair of the Resolutions Committee reports the first resolution as an amendment by the Resolutions Committee.  The presiding Chair rejects the motion because there was no formal motion by the committee.   Is the Chair correct or should the Chair assume that the motion to amend was intended and state the question on the amendment?

 

Dave

Link to comment
Share on other sites

This is a conjectural question.

 

When reporting, the Chair of the Resolutions Committee reports the first resolution as an amendment by the Resolutions Committee.  The presiding Chair rejects the motion because there was no formal motion by the committee.   Is the Chair correct or should the Chair assume that the motion to amend was intended and state the question on the amendment?

 

How about a little more clarity, conjectural or otherwise. 

Link to comment
Share on other sites

How about a little more clarity, conjectural or otherwise. 

Sorry for the delay... motorcycle trip.  I hope the following will help clarify my original question.

 

A national Association has two classes of membership; one which has voting rights, one which has no voting rights.  All members, regardless of class of membership can propose resolutions to the Annual Convention for delegates consideration. The Board of Directors of the XXX Association is comprised of 10 Directors elected from and by the class of membership with voting rights.  Prior to the annual convention, a resolution is forwarded to the Resolutions Committee as follows: "That the composition of the Board of Directors of the XXX Association be changed to 8 Directors elected from and by the members with voting rights and 2 Directors to be elected from and by the members with no-voting rights". 

 

The Resolutions Committee amended the proposed resolution to read as follows: "That the composition of the Board of Directors of the XXX Association be changed to 8 Directors elected from the members with voting rights and 2 Directors elected from the members with no-voting rights and that all Directors are to be elected only by the members with voting rights". This changed the original intent of the proposed resolution.

 

As noted, the Resolutions Committee has only the power to put resolutions in proper form, eliminate duplication where similar resolutions are offered, and ensure that all resolutions relating to a specific subject will be offered in a logical sequence.

 

When reporting, the Chair of the Resolutions Committee reported the resolution in the form as amended by the Resolutions Committee, but did not provide a recommendation.   The presiding Chair rejected the motion because there was no formal motion by the committee.  

 

IAW RORN 11th edition, Page 638, lines 16-20, "Even when resolutions are submitted to the committee before the opening of the convention, the report on each resolution is treated as if it had been moved and seconded in the assembly before being referred to the committee. It is never necessary for the Resolutions Committee chairman or reporting member to move the adoption of a resolution being reported—unless the committee itself originated it, as in the case of courtesy resolutions."   I assume, then, that the original proposed motion is still pending.

 

Can I assume that the presiding Chair was not correct in rejecting the motion and could have stated the question on the original motion or assumed that a motion to amend the original proposed resolution was intended in the report and state the question on the amendment?

 

Dave

Link to comment
Share on other sites

Prior to the annual convention, a resolution is forwarded to the Resolutions Committee as follows: "That the composition of the Board of Directors of the XXX Association be changed to 8 Directors elected from and by the members with voting rights and 2 Directors to be elected from and by the members with no-voting rights". 

 

Well, if the members with no voting rights get to elect two directors, aren't they members with (at least some) voting rights?

 

And since they're no longer members with no voting rights, do they instead get to elect eight directors?

Link to comment
Share on other sites

Isn't this division between voting and nonvoting members something that is outlined in your bylaws? If so, was the resolution to which you refer a motion to amend the bylaws in this regard?

Yes it is in the bylaws and the resolution is to modify the bylaws.  A yes vote would give the non-voting members the right to vote for the 2 Directors only.  There are no other voting rights given to the non-voting members other than to vote for the two representative Directors. 

 

Dave

Link to comment
Share on other sites

Well, if the members with no voting rights get to elect two directors, aren't they members with (at least some) voting rights?

 

And since they're no longer members with no voting rights, do they instead get to elect eight directors?

 

I don't think Dave is asking for advice on how to interpret the bylaws (as they exist or as they would be amended). He simply wants to know how the motion should be handled, so let's not get distracted by the details of the organization's bylaws.

Link to comment
Share on other sites

Sorry for the delay... motorcycle trip.  I hope the following will help clarify my original question.

 

A national Association has two classes of membership; one which has voting rights, one which has no voting rights.  All members, regardless of class of membership can propose resolutions to the Annual Convention for delegates consideration. The Board of Directors of the XXX Association is comprised of 10 Directors elected from and by the class of membership with voting rights.  Prior to the annual convention, a resolution is forwarded to the Resolutions Committee as follows: "That the composition of the Board of Directors of the XXX Association be changed to 8 Directors elected from and by the members with voting rights and 2 Directors to be elected from and by the members with no-voting rights". 

 

The Resolutions Committee amended the proposed resolution to read as follows: "That the composition of the Board of Directors of the XXX Association be changed to 8 Directors elected from the members with voting rights and 2 Directors elected from the members with no-voting rights and that all Directors are to be elected only by the members with voting rights". This changed the original intent of the proposed resolution.

 

As noted, the Resolutions Committee has only the power to put resolutions in proper form, eliminate duplication where similar resolutions are offered, and ensure that all resolutions relating to a specific subject will be offered in a logical sequence.

 

When reporting, the Chair of the Resolutions Committee reported the resolution in the form as amended by the Resolutions Committee, but did not provide a recommendation.   The presiding Chair rejected the motion because there was no formal motion by the committee.  

 

IAW RORN 11th edition, Page 638, lines 16-20, "Even when resolutions are submitted to the committee before the opening of the convention, the report on each resolution is treated as if it had been moved and seconded in the assembly before being referred to the committee. It is never necessary for the Resolutions Committee chairman or reporting member to move the adoption of a resolution being reported—unless the committee itself originated it, as in the case of courtesy resolutions."   I assume, then, that the original proposed motion is still pending.

 

Can I assume that the presiding Chair was not correct in rejecting the motion and could have stated the question on the original motion or assumed that a motion to amend the original proposed resolution was intended in the report and state the question on the amendment?

 

It seems to me that not only did the resolutions committee exceed its authority by incorporating its amendment into the resolution, but the committee was also remiss in its duty to place the resolution in its proper form, as the resolution as it is currently worded does not specify precisely how the bylaws shall be amended - the exact words to be placed in the bylaws, where those words will be inserted (articles and section numbers, etc.), and what words they will replace (if applicable).

 

I think the chair was correct to rule the committee's amendment out of order, but he should have then either assumed the original motion himself, instructed the committee to do so, or suggested that it was in order for any member to move the original resolution. Whoever made or assumed the motion, it should have been put in proper form as an amendment to the bylaws, describing the precise changes to be made, rather than simply a statement which describes the intended effect of the changes. After that's all settled, the committee could have offered its amendment.

 

This all assumes, of course, that the society's rules for submitting amendments to the bylaws (which are often not the same as submitting other resolutions) were followed. If not, then the chair quite likely should have ruled the committee's motion and the original motion out of order.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...