Guest Seth Teles Posted July 31, 2018 at 03:36 PM Report Posted July 31, 2018 at 03:36 PM A motion was made at a meeting of the entire assembly to amend the bylaws and passed. Later it was discovered that the bylaws state that any amendment must be discussed and voted on by the executive board and due notice (10 days) be given before the assembly meeting before an amendment can be voted on. Was the amendment proper and does it stand? Quote
Joshua Katz Posted July 31, 2018 at 03:42 PM Report Posted July 31, 2018 at 03:42 PM Well, it sure sounds like the procedure for amending the bylaws found in the bylaws was not followed, although it may be a matter of bylaw interpretation for your organization to decide. If the procedures in the bylaws for their amendment are not followed, the bylaws are not validly amended, any more than your bylaws can be changed if I hold a meeting of my friends and decide to do so, so the real question is precisely what the bylaws require. Quote
Chris Harrison Posted July 31, 2018 at 03:44 PM Report Posted July 31, 2018 at 03:44 PM (edited) I'm assuming that since you are asking the question that the amendment wasn't considered and voted on by the Board and/or the 10 day notice wasn't given. If that is the case then the amendment is null and void (RONR p. 251 a,e). Edited July 31, 2018 at 03:45 PM by Chris Harrison Quote
Guest Zev Posted July 31, 2018 at 08:39 PM Report Posted July 31, 2018 at 08:39 PM I would also amend the bylaws to remove the executive board's involvement in bylaw amendments. Why would I need their approval? Quote
Joshua Katz Posted August 1, 2018 at 12:27 AM Report Posted August 1, 2018 at 12:27 AM 3 hours ago, Guest Zev said: I would also amend the bylaws to remove the executive board's involvement in bylaw amendments. Why would I need their approval? I agree, but this might be a difficult change to get through... Quote
Gary Novosielski Posted August 1, 2018 at 10:36 PM Report Posted August 1, 2018 at 10:36 PM 22 hours ago, Joshua Katz said: I agree, but this might be a difficult change to get through... Especially because the board would have to approve it. Quote
Joshua Katz Posted August 1, 2018 at 11:55 PM Report Posted August 1, 2018 at 11:55 PM Tis what I meant. Quote
Guest Zev Posted August 2, 2018 at 06:39 PM Report Posted August 2, 2018 at 06:39 PM The exact wording in the bylaws will determine whether the Executive Board can withhold the amendment from the assembly or whether their so-called vote is merely a recommendation. Quote
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