Guest YORAM Posted September 24, 2018 at 02:50 AM Report Share Posted September 24, 2018 at 02:50 AM Our bylaws specify how to amend a bylaw. Our parliamentarian composed several changes to a certain bylaw, almost half a page worth, single spaced, and sprung them on the general membership meeting without a prior notice, because these are mere "clarifications" and you do not need to go through the bothersome amending route if you just want to "clarify". As an example, members of our association of journalists, need to show, once a year, proof of published journalistic work, to maintain active status. The bylaw says, for example: .....continued active membership shall be limited to members who meet the following qualifications during the July scrutiny of membership: (a) Submit six original clippings (or six pdf format printouts of articles or photographs from online-only publications) from the preceding twelve months (July 1 through June 30); and so on. Here is an example of a "clarification" that the parliamentarian (!) proposed to ad to the bylaw quoted above, by a simple motion: ..." and must be based on...press conferences ... occurring during the period starting January 1st prior to the qualifying fiscal year (e.g. an 18 month period) to qualify as clippings; stories based on and photographs taken during activities occurring prior to that 18-month period may not be submitted"... There are more such "clarifications", about four times more in length. THE QUESTION: Can a(n un-noticed) simple motion to "clarify" a bylaw be a valid and legal way to modify/amend/expand a bylaw, bypassing the amending procedure outlined in the bylaws? Or is all this null and void? Thank you. Y. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted September 24, 2018 at 02:54 AM Report Share Posted September 24, 2018 at 02:54 AM 2 minutes ago, Guest YORAM said: THE QUESTION: Can a(n un-noticed) simple motion to "clarify" a bylaw be a valid and legal way to modify/amend/expand a bylaw, bypassing the amending procedure outlined in the bylaws? No. Any such "clarification" would have to be an actual bylaw amendment and would have to go through the regular process for amending the bylaws. Unless your bylaws provide otherwise, there is no method for "fast tracking" or "short cutting" "clarifying" amendments. Quote Link to comment Share on other sites More sharing options...
Guest thank you richard Posted September 24, 2018 at 03:49 AM Report Share Posted September 24, 2018 at 03:49 AM my claim exactly (from the floor). Motion rammed through, "passed". We'll fight. YK Quote Link to comment Share on other sites More sharing options...
Guest Zev Posted September 24, 2018 at 05:55 AM Report Share Posted September 24, 2018 at 05:55 AM If the chair declared this motion to have been adopted then next meeting raise a Point Of Order to the affect that the proper procedure established in the bylaws for amendments was not followed and that the motion is null and void. If the chair agrees then this particular problem goes away. If the chair disagrees then move an Appeal and have a friend at the ready to second the motion. Quote Link to comment Share on other sites More sharing options...
Guest zev Posted September 24, 2018 at 07:19 AM Report Share Posted September 24, 2018 at 07:19 AM thanks zev will do shana tova Y Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 24, 2018 at 09:30 AM Report Share Posted September 24, 2018 at 09:30 AM 3 hours ago, Guest Zev said: If the chair declared this motion to have been adopted then next meeting raise a Point Of Order to the affect that the proper procedure established in the bylaws for amendments was not followed and that the motion is null and void. If the chair agrees then this particular problem goes away. If the chair disagrees then move an Appeal and have a friend at the ready to second the motion. But... if the chair rules your point of order "not well taken" and, upon appeal, the membership sustains that ruling, you are stuck with a few new paragraphs in your bylaws. Always can happen. Good luck figuring out what they mean! Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted September 24, 2018 at 12:01 PM Report Share Posted September 24, 2018 at 12:01 PM It's too late to object, but the parliamentarian shouldn't be making motions either. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 25, 2018 at 11:05 PM Report Share Posted September 25, 2018 at 11:05 PM On 9/23/2018 at 10:50 PM, Guest YORAM said: THE QUESTION: Can a(n un-noticed) simple motion to "clarify" a bylaw be a valid and legal way to modify/amend/expand a bylaw, bypassing the amending procedure outlined in the bylaws? Or is all this null and void? Thank you. Y. No, that's rubbish. Changing a single word or punctuation mark* in the bylaws requires going through the specified amendment procedure which usually requires notice and a greater than majority vote. See your bylaws. Calling something a "clarification" is no justification for failing to follow proper procedure and the fact that the person suggesting this nonsense assumes the title of "parliamentarian" is particularly troubling. __________ * Even a single comma can substantially change the meaning of the language. Compare "Let's eat, Grandma" with "Let's eat Grandma". Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted September 25, 2018 at 11:58 PM Report Share Posted September 25, 2018 at 11:58 PM 51 minutes ago, Gary Novosielski said: * Even a single comma can substantially change the meaning of the language. Compare "Let's eat, Grandma" with "Let's eat Grandma". Just ask Sir Roger Casement (well, you could if there had been a comma where one arguably belonged, and he wasn't executed), or Oakhurst Dairy. Quote Link to comment Share on other sites More sharing options...
Guest amend by a motion Posted September 26, 2018 at 05:28 AM Report Share Posted September 26, 2018 at 05:28 AM thank you all. much appreciated. this site rocks. YK Quote Link to comment Share on other sites More sharing options...
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