cost of free speech

[Leo]

According to RONR the society bears the burden of expense for mailing notice of a meeting [p. 92] and for mailing notice of a motion [p. 123].

If the society’s bylaws require members to mail bylaw amendments to the bylaws committee by certified mail return receipt requested, does the society bear the burden of the mailing? 

The cost of mailing a certified return receipt requested letter is about $7.

It seems to me the society should pay for the mailing otherwise the cost of free speech will be about $7.

Paying annual dues which is a burden to each member entitles each member to “full participation in its proceedings, that is… the right to attend meetings, to make motions, to speak in debate, and to vote. No member can be individually deprived of these basic rights of membership¾or of any basic rights concomitant with tem, such as the right to make nominations or to give previous notice of a motion¾except through disciplinary proceedings.” p. 3, ll. 2–9.

Although this is not a major expense, it does mean that any member wishing to participate in the procedure fully int the proceedings of a motion to amend must forfeit the $7.

RONR specifically addresses the burden of cost for outgoing mail; does this imply the same rule applies to incoming mail?

 

 

[Hieu H. Huynh]

See RONR 11th ed., p. 596, ll. 21-25.

[Leo]

The citations, “If notice is to be sent with the call of the at which the amendment will be introduced, the society is responsible for paying the cost of sending such notice, not the member proposing the amendment.” similar to those on page 92, and page 123, in that it deals with the society mailing material out to the members.

The question concerns members mailing material in to the bylaws committee; that is in to the society.

Is the society responsible for paying the cost of a certified mailing return receipt requested?

If members individually mail bylaw amendments to the bylaws committee using certified mail return receipt requested, is the society responsible for reimbursing those member individually?

[Richard Brown]

In my opinion the society is not responsible for the cost of postage of a member mailing a proposed by law Amendment to the bylaws committee in the manner specified in the bylaws.

The bylaws can contain just about any provisions that the members want them to contain. Apparently, the members wanted this provision in the bylaws.

Ultimately, this is a matter of bylaws interpretation, but that is my interpretation for whatever it's worth.

[Joshua Katz]

I agree with Mr. Brown. If, on the other hand, the organization attempted to create a standing rule for this purpose, I would have a different opinion.

[Josh Martin]

On 8/18/2018 at 12:41 PM, Leo said:

According to RONR the society bears the burden of expense for mailing notice of a meeting [p. 92] and for mailing notice of a motion [p. 123].

If the society’s bylaws require members to mail bylaw amendments to the bylaws committee by certified mail return receipt requested, does the society bear the burden of the mailing? 

The cost of mailing a certified return receipt requested letter is about $7.

It seems to me the society should pay for the mailing otherwise the cost of free speech will be about $7.

Paying annual dues which is a burden to each member entitles each member to “full participation in its proceedings, that is… the right to attend meetings, to make motions, to speak in debate, and to vote. No member can be individually deprived of these basic rights of membership¾or of any basic rights concomitant with tem, such as the right to make nominations or to give previous notice of a motion¾except through disciplinary proceedings.” p. 3, ll. 2–9.

Although this is not a major expense, it does mean that any member wishing to participate in the procedure fully int the proceedings of a motion to amend must forfeit the $7.

RONR specifically addresses the burden of cost for outgoing mail; does this imply the same rule applies to incoming mail?

We have not actually seen the text of the rule in question, but based upon the facts provided, I concur with my colleagues that the member is responsible for the cost of mailing the amendment to the committee. I do not believe there is any obligation in RONR for the society to pay for incoming mail.

On 8/18/2018 at 2:56 PM, Leo said:

The citations, “If notice is to be sent with the call of the at which the amendment will be introduced, the society is responsible for paying the cost of sending such notice, not the member proposing the amendment.” similar to those on page 92, and page 123, in that it deals with the society mailing material out to the members.

The question concerns members mailing material in to the bylaws committee; that is in to the society.

Is the society responsible for paying the cost of a certified mailing return receipt requested?

If members individually mail bylaw amendments to the bylaws committee using certified mail return receipt requested, is the society responsible for reimbursing those member individually?

No to both questions.

[J. J.]

I have to agree with  Messrs. Brown, Katz, and Martin.  They bylaws have established a rule in their bylaws that, in effect, to engage in this activity, you have pay this fee. It is fairly common, an example being a registration fee for a convention, when authorized in the bylaws.  You may be delegate, and, if attending, have a full right to make motions, debate, and vote.    You may be prevented from attending by failing to pay the registration fee.