Amendment Confusion

[keefe]

Our leadership has begun the process of going through our Constitution and By-Laws to make some updates and some long needed corrections.  Both (the Constitution and By-Laws) have two separate methods for being amended and I know interpreting Constitution and By-Laws are beyond the scope of the forum here but any input would be greatly appreciated.  During our last meeting I had question the method as to how this Amendment would be presented, our Constitution states the following:

"This Constitution can be amended by the Annual Meeting only, and requires a three-fourths (3/4) majority vote.  Such an Amendment must be proposed at least six months prior to the Annual Meeting.  Such proposals shall be submitted to the Board of Elders for review and processing for the Annual Meeting." 

So as for now the proposed process is to present the current proposed changes to the Constitution and By-Laws to our Assembly at our Business Meeting at the end of this month.  Then between that meeting and the Annual Meeting it is being proposed that there will be several "Town Hall Meetings" where the Constitution and By-Laws will be discussed and "revised" until settled on, that final version will then be voted on at the Annual Meeting. 

As I read it the final "Amendment" must be proposed six months prior to the Annual Meeting.  The discussion has been that if an Amendment is proposed at our July Business Meeting it can be amended leading up to the Annual Meeting and voted on at that meeting.  I have also been told that our process for amending the Constitution doesn't require a motion six months prior to the Annual Meeting but just a "proposal" for processing.  My understanding is that an amendment ("Such an Amendment must...") is a motion and that it and any amendments to it must be done at least six months prior. 

Clear as mud I am sure.  Can you tell me is an Amendment a motion?  Or does it have to be "Amend something previously adopted"?  Or better yet give me your best interpretation of the amendment procedure above.

As always thank you for your help.

[Hieu H. Huynh]

A motion is a proposal. An amendment to the constitution and bylaws is a motion to amend something previously adopted.

And as you noted, it is ultimately up to your organization to interpret its constitution and bylaws.

[Dan Honemann]

"This Constitution can be amended by the Annual Meeting only, and requires a three-fourths (3/4) majority vote.  Such an Amendment must be proposed at least six months prior to the Annual Meeting.  Such proposals shall be submitted to the Board of Elders for review and processing for the Annual Meeting." 

If this is, in fact, the only guidance provided by your Constitution as to the manner in which it can be amended, it would appear that it is the Board of Elders to which proposed amendments to the Constitution are to be submitted for review and processing (whatever that means), and not your full membership's assembly at its next business meeting.

Is it your Board of Elders that has decided to use the process you say is to be used for handling the proposed amendment?

 

[Guest]

Hieu thank you for your response.

Daniel,

Thank you for your response as well.  Yes that is the only guidance for amending our Constitution.  Our By-Law amendment process is different than the Constitutional amendment process.  Yes, it is the Board of Elders that has decided to use the process listed in the OP.  The proposed changes and process was introduced at our Church Council Meeting last night.  Church Council consists of the Board of Elders and Trustee Board.  "Next to the congregation, the Church Council has the highest authority to make decisions.  It is understood, therefore, that any decision or program initiated by either of the two boards is subject to approval of the congregation."  

 

[Guest]

3 hours ago, Hieu H. Huynh said:

A motion is a proposal. An amendment to the constitution and bylaws is a motion to amend something previously adopted.

And as you noted, it is ultimately up to your organization to interpret its constitution and bylaws.

Hieu,

When you say that a motion is a proposal are you saying that in our Constitution where it says "Such an Amendment must be proposed at least six months prior to the Annual Meeting.  Such proposals shall be submitted to the Board of Elders for review and processing for the Annual Meeting."  that itself is a motion?  That is my understanding as to how I read it but some don't see it that way.  In the past when there was proposed Constitution changes the Elder Board would make a motion in our July Business Meeting (6 months prior to the Annual Meeting) and then at the Annual Meeting it would be voted on.  For some reason now it has changed.

[keefe]

Sorry about the above I am not sure why it says Guest for my name rather than keefe.  I will see if there is a way to change that.

[jstackpo]

Sounds to me that your six-month "proposal" is what RONR calls a "notice". (Page ref. from someone else,please).  

Once the proposed amendments have been given a notice, then at the actual membership meeting you will be free to offer amendments to the initially proposed text, and vote to adopt (or reject, of course) them.   Meanwhile you can work out the details of what amendments to the initial proposal you wish to offer during those six months.

As I read your text you cannot actually change the initial proposal during that time - that can only take place at the membership meeting.

[Guest Jephson]

When amending sections of the Constitution and Bylaws - where is it written that amendments are read at 3 meetings prior to Voting on them?  I was told that this was the procedure outlined in the Roberts Rules of Order, however, I have not been able to locate it anywhere. We are an established Veterans organization with monthly meetings.

[George Mervosh]

9 minutes ago, Guest Jephson said:

When amending sections of the Constitution and Bylaws - where is it written that amendments are read at 3 meetings prior to Voting on them?  I was told that this was the procedure outlined in the Roberts Rules of Order, however, I have not been able to locate it anywhere. We are an established Veterans organization with monthly meetings.

There is no requirement in RONR that it be read at 3 different meetings prior to voting on them in.

[Dan Honemann]

1 hour ago, Guest Jephson said:

When amending sections of the Constitution and Bylaws - where is it written that amendments are read at 3 meetings prior to Voting on them?  I was told that this was the procedure outlined in the Roberts Rules of Order, however, I have not been able to locate it anywhere. We are an established Veterans organization with monthly meetings.

Well, next time talk to someone who knows what he's talking about. 

[Shmuel Gerber]

On 7/20/2016 at 11:29 AM, Daniel H. Honemann said:

Well, next time talk to someone who knows what he's talking about. 

But not every veterans organization has easy access to PRFs (Professional Registered Fishermen).