Postponing Convention for Coronavirus

[Guest ACR]

The annual convention of an organization is scheduled to meet next month, and the call to convention went out about a month ago. Delegates have already begun pre-registering and candidates for election have been filing. They have board members and officers to elect and chapter charter applications to consider, among other business. The Constitution reads "The State Convention shall be held during the month of April in [state capitol] on a date to be determined by the Convention Committee."

As coronavirus spreads, leadership is growing increasingly concerned about 250 or so people coming from around the state to meet. What options do we have for postponing the Convention until after April? We'd love to hold it remotely, but the technical logistics of that, managing and overseeing a dozen separate meetings and elections, makes my head spin.

[Josh Martin]

18 minutes ago, Guest ACR said:

What options do we have for postponing the Convention until after April?

Based on what has been provided so far, there does not appear to be any option to postpone the convention in advance. The Constitution provides that the convention shall be held in the month of April and does not appear to provide for any exceptions (and in addition, the call has already been sent).

What could be done, however, is to still technically hold the convention in April, but to inform members that this convention is being held for the sole purpose of rescheduling the convention to a later date, and that (due to health concerns) they are encouraged not to attend this convention, and to instead attend the rescheduled convention. A small number of persons (likely persons who live close to the meeting location) would then attend the convention in April and adopt a motion to adjourn the convention to a future date and time. While these details could certainly be discussed in advance, the actual decision would be made at this meeting. Motions of this nature may be adopted even in the absence of a quorum.

Hopefully members will cooperate with this guidance.

18 minutes ago, Guest ACR said:

We'd love to hold it remotely, but the technical logistics of that, managing and overseeing a dozen separate meetings and elections, makes my head spin.

In addition to these concerns, meeting remotely is not permissible unless authorized by your constitution or bylaws.

Edited March 11, 2020 at 10:08 PM by Josh Martin

[Guest Virginia A.]

How does a declared state of emergency affect the holding of a convention? If our state declares a state and we are not allowed to meet, then what do we do?

[Josh Martin]

38 minutes ago, Guest Virginia A. said:

How does a declared state of emergency affect the holding of a convention? If our state declares a state and we are not allowed to meet, then what do we do?

As a parliamentary matter, same as above. As previously noted, an adjourned meeting may be set even in the absence of a quorum. If it is just the number of people that is the issue, that could solve the matter. If even meeting in the meeting place at all is an issue, perhaps the meeting could be held in someone’s home and that person could set the adjourned meeting (although this may be more difficult if the call has already been sent). A particular organization’s rules may also provide other options.

It might also be prudent to seek the counsel of legal and/or medical experts on these matters.

[Alex Meed]

I was waiting for when this forum would get its first coronavirus thread...

[Richard Brown]

Some state laws contain provisions for emergency cancellation and rescheduling of meetings, usually when there has been a declared emergency. These provisions are frequently in the State Corporation code

[J. J.]

13 minutes ago, Richard Brown said:

Some state laws contain provisions for emergency cancellation and rescheduling of meetings, usually when there has been a declared emergency. These provisions are frequently in the State Corporation code

As do some bylaws. 

[Chris Harrison]

On the plus side, if memory serves me correctly the Boulder Free Zone adopted RONR as its Parliamentary Authority.  So even if humankind goes the way of the Dodo The General's work still has a chance of standing tall. 

[Guest ACR]

Oh, after this, we'll definitely be adding some emergency provisions to the Constitution.

We had an emergency Executive Committee meeting tonight to discuss this and decided to go with this recommendation. We're hoping to have a resolution approved by the Executive Committee ("Except for powers reserved to the State Convention and at such times as the State Convention is in adjournment, the authoritative and governing body of [the organization] shall be the Executive Committee.") and the Local Presidents Assembly (a body of chapter presidents with few powers - for good measure) explaining what's going on.

I'd like to get some opinions on it:

Whereas, On March 11, 2020 the World Health Organization characterized the COVID-19 outbreak as a pandemic; and

Whereas, On [date], Governor [name] announced the first presumptive case of this coronavirus in [state] and declared a public health emergency; and

Whereas, The Centers for Disease Control and Prevention’s Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission recommends that community organizations “cancel large gatherings;” and

Whereas, On February 29, 2020 the Temporary Convention Secretary distributed the 2020 Call to Convention, to be held April 24-25 in [city], in compliance with [org] Constitution § 304.2; and

Whereas, [org] Constitution § 302 states that “the State Convention shall be held during the month of April in [city] on a date to be determined by the Convention Committee;” and

Whereas, It is the opinion of [org] that it would be irresponsible and dangerous to risk COVID-19 transmission among our membership by having a large in-person meeting during a pandemic emergency; therefore, be it

Resolved, That no member of [org] should attend the opening meeting of the 2020 State Convention to be held on April 24 unless absolutely necessary; and

Resolved, That chapter leaders should inform chapter members that they should not attend this opening meeting; and

Resolved, That the Convention Committee should arrange for the smallest number of Convention Committee members and delegates necessary attend this opening meeting; and

Resolved, That the Convention Committee should ensure that the preliminary versions of the standing rules and program as described in [org] Constitution § 304.3 reflect these priorities; and

Resolved, That delegates attending the 2020 State Convention, once officially formed, should adopt the following motion and no other:

Moved that the 2020 State Convention of [org] now adjourn to meet at the call of the Convention Committee, and that deadlines relating to delegate registration, chapter chartering, and candidate filing for this Convention as stated in the Bylaws be extended by the Executive Committee.

[Josh Martin]

10 hours ago, Guest ACR said:

and that deadlines relating to delegate registration, chapter chartering, and candidate filing for this Convention as stated in the Bylaws be extended by the Executive Committee.

Please clarify what your bylaws say regarding these matters. (Knowing what your bylaws say regarding their amendment may also be helpful.)

Edited March 12, 2020 at 01:50 PM by Josh Martin

[Guest ACR]

Constitution § 602 Bylaws. [org] may adopt such Bylaws as deemed necessary for the effective functioning of the organization. The Bylaws may be amended by a two-thirds majority (⅔) vote of the Executive Committee or a simple majority (½) vote of the State Convention.

Bylaws § 201.1 Pre-registration. Online pre-registration for delegates to the State Convention shall begin upon the distribution of the Call to Convention and end seven (7) days prior to the opening meeting of the State Convention. Absent chapter delegate selection procedures pursuant to Constitution § 306.3, all pre-registered delegates shall be credentialed. If the preliminary credentials report finds that more delegates have pre-registered than are eligible to attend from any chapter, the Standing Committee on Credentials & Charter shall determine which, if any, delegates shall be credentialed.

Bylaws § 202 Chartering Deadline. Active charter applications shall be submitted no later than seven (7) days prior to the opening meeting of the State Convention.

Bylaws § 203.2 Candidate Filing. The deadline for candidates to file for statewide office shall be fourteen (14) days prior to the opening meeting of the State Convention. The Convention Committee shall decide the procedure for candidate filing.  If, at the time of voting, no candidates are eligible for election, the floor of the State Convention shall be open for nominations.

[Josh Martin]

Thank you. Based on these facts, the plan to have the Executive Committee extend the deadlines in question appears sound. While the rules in question do not appear to provide any mechanism for extension, the relevant deadlines are in the bylaws and the bylaws may be amended by the Executive Committee. So the Executive Committee could amend the bylaws to grant themselves the ability to extend these deadlines for a particular convention, and then extend them for this convention.

I would not advise, however, that this information be included in the resolution adopted at the convention. The reason for this is that it seems very possible (even likely) that a quorum will not be present at the convention, and the business which may be conducted at a meeting without a quorum is extremely limited. Setting an adjourned meeting is one of the actions which may be taken at an inquorate meeting. Adopting instructions or recommendations to the Executive Committee regarding amending the bylaws is not. So I would recommend that the resolution that is recommended to be adopted by the convention read as follows: “That the 2020 State Convention of [org] now adjourn to meet at the call of the Convention Committee.”

The Executive Committee can still certainly communicate to members that is its intention to extend these deadlines, but the resolution adopted at the convention should be limited solely to adjourning the convention to meet at the call of the Convention Committee.

Other than this detail, the plan you have described appears sound.

Edited March 12, 2020 at 04:52 PM by Josh Martin

[J. J.]

15 hours ago, Guest ACR said:

Oh, after this, we'll definitely be adding some emergency provisions to the Constitution.

 

If you are interested,  would suggest that  you read "Surviving Doomsday:  Emergency Bylaw Provisions"  Parliamentary Journal, October, 2003.  

I have no doubt that RONR will survive the expected apocalypse.

[AFS1970]

RONR will survive but since zombies are not known for following rules that may not matter...lol

My state is not alone in restricting gatherings, so I would assume that such laws/orders would overtake the call to convention. In my city the Mayor has ordered all meeting / gathering spaces to reduce their stated occupancy by 50%, which could also effect the ability to convene. 

[Josh Martin]

49 minutes ago, AFS1970 said:

RONR will survive but since zombies are not known for following rules that may not matter...lol

My state is not alone in restricting gatherings, so I would assume that such laws/orders would overtake the call to convention. In my city the Mayor has ordered all meeting / gathering spaces to reduce their stated occupancy by 50%, which could also effect the ability to convene. 

To the extent that these orders have the force of law and are, at least in part, an applicable procedural rule, they take precedence over any rules of the organization with which they are in conflict. Of course, it is likely advisable to follow them in any event.

There are often strategies available to comply with both. The strategy above should still work effectively for now. Even a single person can show up and set an adjourned meeting.