Bylaws amendment

[Guest Irene]

When required 30 day notice is not sent, our bylaws require a unanimous vote by ballot the second day of the business session to carry. The question here is: Can that proposed bylaw be amended within scope on the day before the ballot vote is taken? If so does the vote on the amendment require unanimous vote or majority vote sufficient for the amendment. Page 594 seems to imply that majority is ok.

[jstackpo]

Although your rule departs from RONR by quite a bit, I'd go with saying a majority is sufficient to make in-scope amendments.   But there is a problem:  since no notice was sent out, how will anybody know what the scope is?

 

I suppose the collection of proposed amendments to the bylaws (is that what you are dealing with?  --  your question is not entirely clear) could be moved in the form of a (main) motion to amend something previously adopted (ASPA), early on the first day, thus giving folks at least some opportunity to think about them, and propose amendments to the ASPA main motion(s) for consideration and possible adoption later in that day. Or the next.

 

But the final vote to adopt the ASPA motion(s) (as possibly amended) will still require a unanimous ballot vote (per your rules) for adoption.

 

Good Luck!

 

Shouldn't this question be posted in, or moved to, the General Discussion part of the Board?

[Guest Irene]

Sorry. I thought I was being very clear. The proposed amendment to the bylaws was discussed by the Board of Directors and was sent out in the minutes with the recommendation that it not be passed by the convention body. The current bylaws require 30 days notice by attachment of the proposed amendment to the call for the convention. It was not attached to the call. The bylaws further state that when the proposed amendment was not attached to the call  adoption at the convention meeting would require a unamimous vote to pass..All proposals are presented and discussed at the first business session and then voted on by ballot on the morning of the second business session (the next day).  The question that came up was: Is it appropriate to amend the proposal to reduce the amount of the proposed increase? If so, would the amendment to the proposed bylaw change also require a unanimous vote. We know the final version would still require a unamimous vote.

[Hieu H. Huynh]

It will ultimately be up to your organization to interpret your bylaws. Do they define a unanimous vote?

[Josh Martin]

When required 30 day notice is not sent, our bylaws require a unanimous vote by ballot the second day of the business session to carry. The question here is: Can that proposed bylaw be amended within scope on the day before the ballot vote is taken? If so does the vote on the amendment require unanimous vote or majority vote sufficient for the amendment. Page 594 seems to imply that majority is ok.

Since sufficient notice was not given, it seems to me that scope isn't an issue. Amendments are in order, and a majority vote is sufficient - but a unanimous vote will be required for the final vote on the amendment to the bylaws. Because of this, I'd be ready to use the motion to Reconsider if needed.