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Bylaw Amendments


Guest Daphney

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Q: how often can you flip flop the same bylaw amendment ? 

10 years an amendment was made to vote on the membership process in Feb on the Non Conference  years because we ran into a problem when nationals changed something in the Conference years(2018), we would be in compliance come feb (2019) of the year to meet all national requirements. That was an operational rationale.  

Now for the sake of “just because”, people just wanting a membership to take place earlier.  it was flipped to vote in the same year of Conference. That if something changes and becomes effective immediately we would be out compliance in the middle of the Memberships process because we voted in feb. now we have to adjust or may have some operational conflicts. 

Q. Should a rational state why the previous rationale or operational process didn’t work

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Are you treating it as an Amend Something Previously Adopted, an Amendment or a regular main motion?  If I am interpreting this correctly it should be Amend Something Previously Adopted and requires a 2/3 vote.  Also, is the membership process in your bylaws?  If so it needs to follow that process and a motion to violate that process is out of order. I think we need more details.

A rational what?

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So long as the votes are there, an organization can change its bylaws back and forth as many times as it wishes.  Rationales are presented as reasons to vote for the amendment; to be persuasive, they should probably explain why the change is being sought, and, when it's being changed back, why the previous change is now seen as no longer desirable.  However, no rule so requires - no rule requires that a rationale be presented at all.  The strategy for getting a change approved is up to the wisdom of those seeking the change.  If the stated reason is "just because," that might be a reason to vote against the change.

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2 minutes ago, SaintCad said:

Are you treating it as an Amend Something Previously Adopted, an Amendment or a regular main motion?  If I am interpreting this correctly it should be Amend Something Previously Adopted and requires a 2/3 vote.  Also, is the membership process in your bylaws?  If so it needs to follow that process and a motion to violate that process is out of order. I think we need more details.

 

It seems to me that we're talking about a bylaw amendment, which, it is true, is a special form of ASPA, but will probably require a 2/3 vote with notice or a vote of the majority of the entire membership (if the rules are silent and adopt RONR, or use the same threshold as RONR).

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Guest Who's Coming to Dinner

If "nationals" is some superior organization to whose rules you are subject, then it's not in order to move to amend your bylaws in a way which violates those rules. If the conflict comes about because of timing, then you should adopt provisos with the amendment to put it into effect in such a way that preserves compliance.

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7 hours ago, Guest Who's Coming to Dinner said:

If "nationals" is some superior organization to whose rules you are subject, then it's not in order to move to amend your bylaws in a way which violates those rules. If the conflict comes about because of timing, then you should adopt provisos with the amendment to put it into effect in such a way that preserves compliance.

I agree.  It didn't look to me like there was actually a conflict, though, just the potential for one:

7 hours ago, Guest Daphney said:

That if something changes and becomes effective immediately we would be out compliance in the middle of the Memberships process because we voted in feb. now we have to adjust or may have some operational conflicts. 

 

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