bobby101 Posted July 8, 2015 at 11:51 AM Report Share Posted July 8, 2015 at 11:51 AM Gentlemen and ladies: Looking for guidance--again. Reading RONR, page 483, lines 6-8, " In any event, no action of the board can alter or conflict with any decision made by the assembly of the society, and any such action of the board is null and void." Would a decision made by the assembly include the previous by-laws? The citation goes on to state that, "Except in matters placed by the by-laws exclusively under the control of the board, the society's assembly can give the board instructions which it must carry out, and can rescind or amend any action of the board if it is not too late(see 35). I have read Section 35 and see no time limit expressed there that would prohibit bringing a motion to the membership to address this issue. This matter deals with a topic I have surfaced before in this forum where a by-law change was approved by our membership ( an error in my view) that requires proposed by-laws and by-law amendments to be be recommended by the board before they can be presented to the membership. Appreciate your views. Thank you Link to comment Share on other sites More sharing options...
Timothy Posted July 8, 2015 at 12:45 PM Report Share Posted July 8, 2015 at 12:45 PM Are you asking whether the assembly can instruct the board to recommend an amendment? Link to comment Share on other sites More sharing options...
bobby101 Posted July 8, 2015 at 01:30 PM Author Report Share Posted July 8, 2015 at 01:30 PM Mr. Fish: Instruct is not the word I would use. Some quick background: In 2008 our Board proposed an amendment that any amendments to our by-laws had to be recommended by the board to the membership for consideration. Prior to that time there was no "board-recommended" language in our amending the by-laws section of our by-laws. I opposed this change on the issue that the membership should have both the ability and the right to propose amendments but the membership agreed to the language change that the board proposed. Last year, as a member of the club, but not actively serving on the board, I proposed several changes to our by-laws but the board said it wasn't "the right time". Which gets us to my question and responding to your question. I don't think I can "instruct" the board but I think I can "propose" to the board that they present my amendment to the membership for consideration. The way I read my dilemma is that the board under our current by-laws can choose not to recommend my changes and I'm not sure what options I have, if any. And the real issue is that the board does not want to surrender that power over recommending by-laws and by-law changes, particularly if the changes may return some of that power to the membership. A long answer to your question, but I thought the background might be helpful. Thank you Link to comment Share on other sites More sharing options...
Edgar Guest Posted July 8, 2015 at 01:32 PM Report Share Posted July 8, 2015 at 01:32 PM This matter deals with a topic I have surfaced before in this forum where a by-law change was approved by our membership ( an error in my view) that requires proposed by-laws and by-law amendments to be be recommended by the board before they can be presented to the membership. If the bylaws require a recommendation from the board prior to amendment by the general membership then the bylaws can't be amended by the general membership without a recommendation from the board. As you noted, this has been addressed here before. Link to comment Share on other sites More sharing options...
George Mervosh Posted July 8, 2015 at 01:35 PM Report Share Posted July 8, 2015 at 01:35 PM As you noted, this has been addressed here before. After a warning by Mr. Gerber on another topic our original poster keeps re-hashing you'd think the warning would be well taken. But, alas, I guess not. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 8, 2015 at 01:53 PM Report Share Posted July 8, 2015 at 01:53 PM I don't think I can "instruct" the board but I think I can "propose" to the board that they present my amendment to the membership for consideration. The way I read my dilemma is that the board under our current by-laws can choose not to recommend my changes and I'm not sure what options I have, if any. And the real issue is that the board does not want to surrender that power over recommending by-laws and by-law changes, particularly if the changes may return some of that power to the membership.The solution is to elect board members who will support the desired amendment. Link to comment Share on other sites More sharing options...
bobby101 Posted July 8, 2015 at 04:24 PM Author Report Share Posted July 8, 2015 at 04:24 PM Gentlemen: My apologies if I am rehashing the issue(s). By now you may sense my frustration in trying to address a situation (for almost 3 three years now) where the our board violates and ignores our by-laws and seems able to maintain their position and get away with it. Like an aging W. C. Fields who was seen reading the Bible by a friend who asked him, "Bill, are you studying for finals?" And he answered, "No, just looking for loopholes." Unlike W.C. I'm not really looking for loopholes but trying to see if there are options open to me under RONR. Thank you Link to comment Share on other sites More sharing options...
Timothy Posted July 8, 2015 at 04:35 PM Report Share Posted July 8, 2015 at 04:35 PM If you can't get enough votes to elect different people to the board, that is a good indication that the majority is happy with what the board is doing. Even if there were a loophole, you wouldn't find one that overrides the will of the majority. Link to comment Share on other sites More sharing options...
bobby101 Posted July 8, 2015 at 10:17 PM Author Report Share Posted July 8, 2015 at 10:17 PM Mr. Fish; I would use the word, "indifferent", not "happy". Mobilizing the membership to do anything is a major task, particularly on an issue that most of them are unaware of and have no idea how it may impact them. Thanks to all of you for your views. Link to comment Share on other sites More sharing options...
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