Out of scope due to not meeting notice requirement

[A Brown]

Our bylaws state that the board slate and any bylaw amendment proposals have to be sent to delegates at the notice of the meeting which is 30 days prior to the meeting.  Here's the wording:

Quote

Annual Meeting. The annual meeting of the Directors, Officers, and Delegates of the Council shall be held at such time and place as may be determined by the Board. Notice of the time, place, and purpose of the meeting, together with the nominees for all offices to be voted on, shall be forwarded in writing to all Directors, Officers, and Delegates not less than thirty (30) days before the meeting.

and later:

Quote

These By-Laws may be amended by a two-thirds vote of Delegates of the Council present at any meeting of the Council, provided that the proposed amendment shall have been included in the notice of the meeting.

The bylaw amendment proposals nor the board slate were sent out within the 30 day notice.  Our meeting is coming up soon.  A Point of Order will be raised at the time of discussion stating that they are out of scope due to not meeting the 30 day requirement.  What happens at that point if they are not tabled or postponed indefinitely?  What are the consequences if a vote is taken anyway?  I'm assuming they are invalid and can be legally challenged?  I would like to include the consequences in the Point of Order.

Also, with the way the bylaws are worded, I am taking this to mean that the proposal itself (meaning the red-line draft & rationale) has to be included with the notice.  Someone can't claim that a bulletpoint with merely the topic of the amendment on the notice counts, can they?

 

[jstackpo]

2 hours ago, A Brown said:

A Point of Order will be raised at the time of discussion stating that they are out of scope due to not meeting the 30 day requirement.

A point of order is entirely proper, but you have the wrong reason:  The lack of notice is a clear violation of member's rights: everybody has the right to know about the pending bylaw amendments.

2 hours ago, A Brown said:

What happens at that point if they are not tabled or postponed indefinitely?  What are the consequences if a vote is taken anyway?

The motion to amend the bylaws is simply out of order and should not be considered at all.  No call to table or postpone it.

A vote (if adopted) will create a continuing breach of order (RONR, p. 251)

2 hours ago, A Brown said:

Also, with the way the bylaws are worded, I am taking this to mean that the proposal itself (meaning the red-line draft & rationale) has to be included with the notice. 

Either that or a clear and exact statement of the purpose and content of the proposed amendment.  RONR, p. 121ff.

If you don't think the notice met this criterion, raise a point of order.

[Richard Brown]

I think it should perhaps be pointed out that regardless of what the original poster or those of us posting on this forum think is or is not proper or in order, if a member raises a point of order, the chair will rule on it. His ruling can be appealed to the assembly. Whether we like it or not, the decision of the assembly is final unless the matter winds up in court. What may happen in a court of law is a legal matter that is beyond the scope of this forum.

Those members who believe a proposed bylaw amendment is out of order may try to convince the chair and the assembly that it is out of order, but they cannot force the chair or the assembly to agree with them.

[Joshua Katz]

4 hours ago, A Brown said:

I'm assuming they are invalid and can be legally challenged? 

In addition to the other answers provided, with which I agree fully, I will simply add that we can't answer this one. Both the answers provided have been from the parliamentary standpoint, because legal questions are beyond the scope of this forum. Should parliamentary measures fail, you would have to consult an attorney to determine if you have legal recourse.