star1441 Posted May 7, 2020 at 07:31 AM Report Share Posted May 7, 2020 at 07:31 AM We are an association of journalists. Our Bylaws detail how members should renew their active status, annually, by submitting proof of current published work ("clippings"). The bylaw says: ..".Submit six original clippings...from the preceding twelve months (July 1 through June 30)". A proposed change is to add the following language, not by going through the mandated bylaw change procedure, but by a simple motion: ..."and must be based on...press conferences ... occurring during the period starting January 1st prior to the qualifying fiscal year (e.g. an 18 month period) to qualify as clippings; stories based on and photographs taken during activities occurring prior to that 18-month period may not be submitted" Those objecting to this proposed motion say that you cannot make any change to our bylaws, no matter how minor, unless you do it by a proper bylaw amendment, as required by our bylaws. Those supporting this proposed motion say that it simply "clarifies" the current bylaw and that all it takes to add that clarifying language to the bylaws is a simple motion. What say you, please? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted May 7, 2020 at 08:25 AM Report Share Posted May 7, 2020 at 08:25 AM 46 minutes ago, star1441 said: We are an association of journalists. Our Bylaws detail how members should renew their active status, annually, by submitting proof of current published work ("clippings"). The bylaw says: ..".Submit six original clippings...from the preceding twelve months (July 1 through June 30)". A proposed change is to add the following language, not by going through the mandated bylaw change procedure, but by a simple motion: ..."and must be based on...press conferences ... occurring during the period starting January 1st prior to the qualifying fiscal year (e.g. an 18 month period) to qualify as clippings; stories based on and photographs taken during activities occurring prior to that 18-month period may not be submitted" Those objecting to this proposed motion say that you cannot make any change to our bylaws, no matter how minor, unless you do it by a proper bylaw amendment, as required by our bylaws. Those supporting this proposed motion say that it simply "clarifies" the current bylaw and that all it takes to add that clarifying language to the bylaws is a simple motion. What say you, please? According to the language on pages 571-572 of the 11th edition, provisions regarding qualifications for membership and requirements for continuing membership must be in the bylaws. Therefore, the additional requirements sought to be imposed must be in the bylaws. Here is pertinent language regarding requirements for continued membership from page 572: "Some organizations require attendance at a certain proportion of the meetings or a specified minimum participation in the society's activities as a requirement for continued membership; this also can be done only by provision in the bylaws". (Emphasis added). Quote Link to comment Share on other sites More sharing options...
Bruce Lages Posted May 7, 2020 at 01:41 PM Report Share Posted May 7, 2020 at 01:41 PM The suggested change to the bylaws can only be implemented by following the rules set forth in your bylaws for their amendment. It doesn't matter whether the change is 'simply clarifying' an existing bylaw provision, is introducing an entirely new provision, or is even just adding some punctuation. You need to follow the rules in the bylaws for their amendment to do this. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted May 7, 2020 at 01:50 PM Report Share Posted May 7, 2020 at 01:50 PM 6 hours ago, star1441 said: Those objecting to this proposed motion say that you cannot make any change to our bylaws, no matter how minor, unless you do it by a proper bylaw amendment, as required by our bylaws. Those supporting this proposed motion say that it simply "clarifies" the current bylaw and that all it takes to add that clarifying language to the bylaws is a simple motion. Those objecting are correct. Those supporting admit it adds language to the bylaws. Thus, it amends them and must follow the procedure for amending the bylaws. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted May 7, 2020 at 02:50 PM Report Share Posted May 7, 2020 at 02:50 PM 7 hours ago, star1441 said: Those objecting to this proposed motion say that you cannot make any change to our bylaws, no matter how minor, unless you do it by a proper bylaw amendment, as required by our bylaws. They are correct. I'm not even sure I agree that this amendment is "minor" or a "mere clarification," but it doesn't matter anyway. There is no provision in RONR (and presumably no provision in your bylaws) which allows bypassing the procedure to amend the bylaws in order make "minor" or "clarifying" amendments Quote Link to comment Share on other sites More sharing options...
star1441 Posted May 9, 2020 at 01:07 AM Author Report Share Posted May 9, 2020 at 01:07 AM Thank you gentlemen for your speedy and good advice. Yoram Quote Link to comment Share on other sites More sharing options...
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