Notice Language

[Byron Baxter]

Our bylaws are being amended.  The main purpose of the proposed amendments is to allow the organization to have flexibility in communication.  Current bylaws require all notice and ballots for regional elections to be delivered by U.S. mail.  The proposed amendments would allow the use of current and future technology to better facilitate the process and provide substantial cost savings. There is overwhelming support for the intent of the amendments. Prior to enumerating the proposed methods of delivering notice, it was stated that "all members must receive notice."  This was stated to protect the rights of members who request continued notice by U.S. mail.  An objection has been raised to the words "must receive."  Is there a prefered language that should be substituted?

[jstackpo]

Rather than a generic "must receive" (which is itself a problem since if my computer is busted or just turned off I "can't receive" despite your best efforts) be more specific in the mechanism of communication:  e-mail, postings on web pages, USPS mail, carrier pigeon, fax, &c., and give members the option to opt out of one or more system. Then say "sent by..." with a date stamp, postmark, or the like.

Generic terms can be ambiguous and lead to nasty fights.

[Richard Brown]

6 hours ago, Byron Baxter said:

An objection has been raised to the words "must receive."  Is there a prefered language that should be substituted?

I would avoid any requirement that members actually "receive" notice.  That is asking for trouble.  Nowhere is that practice recommended in RONR.  I would require, instead, that notice be "sent" or  "given" a certain number of days in advance.  See, for example, the  recommended language on page 5 and pages 581-582 of RONR.

Edited to add:  See the following language on page 89:

When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:
    a)    by postal mail to the member's last known address; or
    b)    by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice.

If you want to permit notices to  be sent via email, text message  or other electronic  means without a member first having to  consent to it, just add a provision to the effect that "notices may be sent via email" or words to that effect.  Of course, then you get into the issue of having to insure, as best you can, that members provide the organization with the email address or cell phone number that they want used for electronic notifications.  In addition, you may have members who do not utilize email or cell phones.  Thus the RONR recommendation that electronic communications be used only for those members who have agreed to receive such notice.... and have provided an email  address.

Edited December 5, 2018 at 05:17 PM by Richard Brown
Added everything after "Edited to add:"

[Josh Martin]

1 hour ago, Richard Brown said:

If you want to permit notices to  be sent via email, text message  or other electronic  means without a member first having to  consent to it, just add a provision to the effect that "notices may be sent via email" or words to that effect.  Of course, then you get into the issue of having to insure, as best you can, that members provide the organization with the email address or cell phone number that they want used for electronic notifications.  In addition, you may have members who do not utilize email or cell phones.  Thus the RONR recommendation that electronic communications be used only for those members who have agreed to receive such notice.... and have provided an email  address.

It appears that what the organization wishes for is an “opt-out” rule instead of an “opt-in” rule. So they could say something like: “Notice shall be sent to the member’s email address on file with the society. If the society does not have an email address on file for the member, or the member has requested to continue to receive notice by US mail, then the notice shall be mailed to the member’s mailing address on file with the society.”

[Byron Baxter]

Thanks for the clarifications.

[AFS1970]

Must be sent is always better than must receive, especially if things are time sensitive. 

Apart from parliamentary matters, I saw a form at a doctor's office that asked for contact preferences and included mail, e-mail, text message, phone call and I think even social media message. I wish I had asked for a copy of the form because it is an issue with our condo association. We actually allow for telegrams to be sent but not e-mails. 

[jstackpo]

2 hours ago, AFS1970 said:

We actually allow for telegrams to be sent but not e-mails. 

That's a good trick as the Telegram people (Western Union) discontinued that service some 12 + years ago.  Time to update your bylaws!

[J. J.]

4 hours ago, jstackpo said:

That's a good trick as the Telegram people (Western Union) discontinued that service some 12 + years ago.  Time to update your bylaws!

They are not the only telegraph company.   https://www.itelegram.com/

They are sent, at times, for a more formal notification.  

[jstackpo]

How about that!  Who knew? (Besides J.J., of course.)