Mark Apodaca, PRP Posted September 18, 2019 at 04:02 PM Report Share Posted September 18, 2019 at 04:02 PM I am scheduled to fly to Louisiana for a special membership meeting at Baton Rouge. The purpose of the special meeting is to deal with the bylaw amendments which should have taken place at a previous June business meeting for the membership. The membership voted to call for a special meeting to cover the bylaw amendments due to running out of time. I just learned that some members want to postpone the September 21st special membership business meeting to the next membership business meeting to be held in 2021. What is the proper procedure for this? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 18, 2019 at 04:11 PM Report Share Posted September 18, 2019 at 04:11 PM Unless there is some special rule in the bylaws about postponement before the meeting begins, any effort at "postponement" would have to take place AT the meeting, and what would be postponed would be consideration of whatever motion (bylaw amendment) was pending at the time. Postponement would also be limited to no more than a quarter in the future so it seems that 2012 is out of the question. Of course the meeting could set an adjourned meeting and then adjourn. Or send the whole works to a committee. Lots of ways to delay. Enjoy your flight! Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 18, 2019 at 04:31 PM Report Share Posted September 18, 2019 at 04:31 PM 2012? Quote Link to comment Share on other sites More sharing options...
Mark Apodaca, PRP Posted September 18, 2019 at 04:44 PM Author Report Share Posted September 18, 2019 at 04:44 PM He meant 2021 Quote Link to comment Share on other sites More sharing options...
Mark Apodaca, PRP Posted September 18, 2019 at 04:55 PM Author Report Share Posted September 18, 2019 at 04:55 PM Jstackpro, Is it possible for a member to make a motion to suspend the special meeting when the meeting opens? Suspend the meeting to another date and time? Mark Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted September 18, 2019 at 05:32 PM Report Share Posted September 18, 2019 at 05:32 PM Okay...😟 Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted September 18, 2019 at 05:33 PM Report Share Posted September 18, 2019 at 05:33 PM There is no motion to Suspend The Meeting. As Dr. Stackpole has said, you could Fix the time to which to adjourn and then Adjourn the meeting. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 18, 2019 at 06:20 PM Report Share Posted September 18, 2019 at 06:20 PM 1 hour ago, reelsman said: 2012? That is out of the question, too. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted September 18, 2019 at 07:08 PM Report Share Posted September 18, 2019 at 07:08 PM It's not more than a quarterly time interval in the future. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 18, 2019 at 08:49 PM Report Share Posted September 18, 2019 at 08:49 PM Doctor Kapur, don't you have rounds that you should be getting to? Or an ER to keep running smoothly? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted September 18, 2019 at 08:57 PM Report Share Posted September 18, 2019 at 08:57 PM 7 minutes ago, jstackpo said: Doctor Kapur, don't you have rounds that you should be getting to? Or an ER to keep running smoothly? He'll get to it within a quarterly time interval, I'm sure. Quote Link to comment Share on other sites More sharing options...
Mark Apodaca, PRP Posted September 19, 2019 at 05:27 PM Author Report Share Posted September 19, 2019 at 05:27 PM Here we go again, In my original discussion, the member asked if he could make a motion to suspend the meeting. What we discussed was totally understood. Now, the same member sent me another email saying that "suspend" was the wrong word. It should be "postpone". I believe it is the same thing. You cannot make a motion to postpone a special meeting to take place in two or three months. You still need "fix the time" then "adjourn". Am I correct? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 19, 2019 at 05:31 PM Report Share Posted September 19, 2019 at 05:31 PM 1 minute ago, Mark Apodaca said: Here we go again, In my original discussion, the member asked if he could make a motion to suspend the meeting. What we discussed was totally understood. Now, the same member sent me another email saying that "suspend" was the wrong word. It should be "postpone". I believe it is the same thing. You cannot make a motion to postpone a special meeting to take place in two or three months. You still need "fix the time" then "adjourn". Am I correct? Yes, there is no motion to “suspend” a meeting, nor is there a motion to “postpone” a meeting. The correct motions for the member to accomplish his objective are the motions to Fix the Time to Which to Adjourn and to Adjourn. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 19, 2019 at 05:35 PM Report Share Posted September 19, 2019 at 05:35 PM Correct; a (fake) motion to "suspend", or the corrected "postpone", could ONLY be made in a meeting, when the item to be postponed was pending - or was known to be coming up at the meeting (that latter "postpone" would be an "incidental main motion". Let's not go there.) Some orgs allow the president or the board (or someone) to reschedule an entire meeting for "emergency" reasons before that meeting time comes around, but that power must be in the bylaws. What kind of "emergencies" do you have in Santa Fe? Quote Link to comment Share on other sites More sharing options...
Mark Apodaca, PRP Posted September 19, 2019 at 05:50 PM Author Report Share Posted September 19, 2019 at 05:50 PM It is not in Santa Fe 😊 It is not an emergency. The special business meeting will take place at Baton Rouge, Louisiana. During the regular business meeting for the membership last June, the members voted to have a special business meeting to cover at least 40 pages of bylaw amendments, mostly grammar corrections proposed by one member. This took place because the business meeting of the Louisiana Association of the Deaf ran out of time. The bylaws were revised, not amended, in 2017 by an attorney and the membership approved them. There are only 200 members within the whole state of Louisiana and to meet the quorum, there must be at least 25% of the total membership present. Some reasons why - a 40th anniversary alumni reunion, and a couple of other events happening at the same time. Also, die hard fans of LSU football who don't want to miss the game. So, no, they are not emergencies and I am not sure if they will meet quorum. The meeting is from 9 AM to 6 PM with one hour lunch. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 19, 2019 at 07:31 PM Report Share Posted September 19, 2019 at 07:31 PM Oh, I dunno, LSU Football seems like a continuing emergency to me. If, after a "suitable" interval, the meeting remains inquorate, the members can set an adjourned meeting (page 242) at a more convenient date (after the LSU football season) and adjourn (go home and watch the game). That in effect does "postpone the meeting" but in a proper manner. I think, but others may correct me -- PLEASE DO -- that the adjourned meeting must be scheduled prior to the next regular meeting of your association. Yes, true, page 244. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted September 20, 2019 at 03:32 AM Report Share Posted September 20, 2019 at 03:32 AM On 9/18/2019 at 12:11 PM, jstackpo said: Of course the meeting could set an adjourned meeting and then adjourn. On 9/18/2019 at 1:33 PM, Atul Kapur said: As Dr. Stackpole has said, you could Fix the time to which to adjourn and then Adjourn the meeting. 9 hours ago, Mark Apodaca said: You still need "fix the time" then "adjourn". Am I correct? 9 hours ago, Josh Martin said: The correct motions for the member to accomplish his objective are the motions to Fix the Time to Which to Adjourn and to Adjourn. If a motion to adjourn is made when no question is pending, it can include provision for an adjourned meeting. In other words, the two-step process of adopting privileged motions to Fix the Time to Which to Adjourn and then to Adjourn is only necessary when a main motion to adjourn is not in order but the privileged motions are in order. Furthermore, if the idea is simply to wait until the next regular meeting to conduct the business, then there is no "fixing the time to which to adjourn" involved. Quote Link to comment Share on other sites More sharing options...
Mark Apodaca, PRP Posted September 21, 2019 at 11:25 PM Author Report Share Posted September 21, 2019 at 11:25 PM (edited) Last night was the board meeting. It was not a membership meeting. During the board meeting, some members interfered with the board with different comments. One member said that the board cannot have a board meeting by video conference since it is not in the bylaws. I listened and was not asked for a parliamentary opinion. SECTION 6: Louisiana Association of the Deaf BOARD MEETINGS The LAD Board shall meet a minimum of four (4) times a year. The President shall designate the city and place of each meeting with approval of a majority of the voting members of the LAD Board shall give no less than ten (10) days’ notice to each Board member of any Board Meeting. A quorum for meetings of the LAD Board shall consist of fifty-one percent (51%) of the voting LAD Board members. There is nothing in the bylaws which allows the board to have video conference meetings or special meetings. However, It was pointed out that state statute allows it: https://law.justia.com/codes/louisiana/2011/rs/title12/rs12-224/ (10) The board of directors, or any committee of the board, may hold a meeting by means of conference telephone, facsimile, or similar communications equipment provided that all persons participating in the meeting can communicate with each other. Participation in a meeting pursuant to this Paragraph shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. The provisions of this Paragraph shall not apply to any public body or any other entity provided for in R.S. 42:13. State statute is above the bylaws and allows such meetings. The board is following state statute. The attorney who reviewed the bylaws should have checked the state statute and conference meetings should have been added. Your opinion please. Mark Bylaws are attached for your interest. LAD Bylaws Revised 2017 - 2.pdf Edited September 22, 2019 at 11:15 AM by Mark Apodaca Quote Link to comment Share on other sites More sharing options...
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