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Giving notice by law amendment and allowing comments and questions


Guest Lisa
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An organization Im a part of is proposing a bylaw amendment. The organization gave notice to the members and provided 45 days for comments and questions. 

1) is comments and questions a "have to thing" or just a nice thing to do ?  

2)What do you do with those comments and questions? 

3) is it true if they provided the comments and questions period that means they do not have to make the motion at the meeting have it second and open the motion for discussion ?? ---they can just pass out ballots and take the vote .   

 

Thank you 

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2 hours ago, Guest Lisa said:

An organization Im a part of is proposing a bylaw amendment. The organization gave notice to the members and provided 45 days for comments and questions. 

1) is comments and questions a "have to thing" or just a nice thing to do ?  

2)What do you do with those comments and questions? 

3) is it true if they provided the comments and questions period that means they do not have to make the motion at the meeting have it second and open the motion for discussion ?? ---they can just pass out ballots and take the vote .   

 

Thank you 

I'm confused.  Who is "An organization" if not the members?  Who gave notice, and who "provided" time for comments and questions?  

1) It's a "have to" thing if your bylaws say so.  The procedure for amending the bylaws (presumably found in the bylaws) must be followed.

2) I presume the questions would be answered, and the comments would be considered.  Again, it's not clear by whom.  Who wrote the amendment?

3) If the rules in RONR apply, this is not true.  The motion must be moved and seconded and is then open to discussion,  At that time the members may debate, comment, possibly ask additional questions, and something you have not mentioned, they have the right to amend the proposal, within the scope of the previous notice given.  Whoever wrote this proposed change, it's not a take-it-or-leave-it deal.

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Some organizations have a bylaws committee to which all proposed bylaw amendments are referred. The so-called comments and questions are directed to this committee and the committee meets, considers these suggestions, and then issues a report with their recommendations based on these suggestions. The members that cannot attend the assembly meeting that will vote on the bylaw amendment at least will have the committee consider their point of view. Perhaps your organization could benefit from such an arrangement.

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It's not unusual for organizations, especially large organizations at their conventions or annual meetings, to have a "question and answer" session regarding proposed bylaw amendments.  In my experience, that is always optional and is IN ADDITION TO the formal debate and amendment  process for formally considering the bylaw amendments at the appropriate time in the meeting. I have never seen it be a substitute for the actual consideration and debate of the bylaw amendments at the meeting.  It's just an effort to provide additional information and, hopefully, have members of the bylaws committee answer member's questions. It might sometimes serve as the foundation for proposed amendments to be made from the floor.

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