Mistake in posting agenda

[cdjames2]

A group I am a part of has in its Constitution that the agenda must be sent to each voting member and posted on line 5 days before meeting. The agenda was sent to everyone but a posting mistake with the online version was noticed two days before meeting. A member is now suggesting that we can not hold the meeting or use the agenda. Is there a way to correct this so we can maintain our regular meeting time?

 

[Rob Elsman]

The rule seems to me not to be suspendable, and the error has rendered the called meeting an illegal meeting.

[jstackpo]

It may well depend on the content of what was not (properly) in the posted agenda.   Without divulging private matters, what was missing?

[cdjames2]

So the meeting is on October 16th, the agenda went out in email on October 9th. The mistake was found yesterday and the agenda was posted online today.  So do they have to cancel the meeting.  Nothing in the constitutions allows them to adjust the rule except that at the meeting the agenda can be modified.

  

[Guest Zev]

At the beginning of the meeting the presiding officer announces the correct agenda and invites the assembly to adopt the corrected one and this problem disappears into thin air.

[George Mervosh]

Without seeing the exact text of the rule and in context, it's hard to answer this.  But let's say the meeting is called to order and immediately a point of order is made and subsequently well taken and either not appealed or upheld on appeal that this is not a regular or properly called meeting.  Isn't it possible to adopt a motion to Fix The Time To Which To Adjourn and have that adjourned meeting far enough out that the group can provide the correct notice to be compliant? I would think that is in order even if the meeting at that point in time is deemed to be not a regular or properly called meeting.  But I'm not sure and I don't know why.

[Atul Kapur]

2 hours ago, cdjames2 said:

Nothing in the constitutions allows them to adjust the rule except that at the meeting the agenda can be modified.

The idea of notice is that the members entitled to attend the meeting can be aware of what is going to be coming up. The idea that the agenda can be modified would, depending on the details, nullify this intent. However, it does give you flexibility - perhaps enough to get the business done in one meeting.

Both Guest Zev and Mr. Mervosh have given you good options. The details of which are possible depends on the details of your own rules.

[Josh Martin]

3 hours ago, cdjames2 said:

So the meeting is on October 16th, the agenda went out in email on October 9th. The mistake was found yesterday and the agenda was posted online today.  So do they have to cancel the meeting.  Nothing in the constitutions allows them to adjust the rule except that at the meeting the agenda can be modified.

I think there is some confusion here about what exactly this rule requires. There is a document in RONR called the “call” of a meeting. A call must be sent for special meetings, and must also be sent for regular meetings if the date and time of regular meetings is set by resolution (rather than by rule), and of course would also be necessary if required by the organization’s rules. The call includes the date, time, and location of the meeting. In the case of a special meeting, the call must also include the item(s) of business to be considered at the meeting. There is no doubt that if a call is sent with insufficient notice, the meeting is invalid.

We are told, however, that the rule in question merely requires an agenda to be sent, and that this agenda is apparently for information only, since the agenda may be modified at the meeting. It seems to me that such an agenda provides no protection at all to absentees, and as a result, failure to send such an agenda in a timely manner would not affect the validity of the meeting.

Edited October 15, 2019 at 10:08 PM by Josh Martin

[Dan Honemann]

1 hour ago, George Mervosh said:

Without seeing the exact text of the rule and in context, it's hard to answer this.  But let's say the meeting is called to order and immediately a point of order is made and subsequently well taken and either not appealed or upheld on appeal that this is not a regular or properly called meeting.  Isn't it possible to adopt a motion to Fix The Time To Which To Adjourn and have that adjourned meeting far enough out that the group can provide the correct notice to be compliant? I would think that is in order even if the meeting at that point in time is deemed to be not a regular or properly called meeting.  But I'm not sure and I don't know why.

Perhaps its because it isn't so. 🙂

[George Mervosh]

14 hours ago, Daniel H. Honemann said:

Perhaps its because it isn't so. 🙂

Yeah, that's probably it.