Angie N Posted October 6, 2020 at 02:51 AM Report Share Posted October 6, 2020 at 02:51 AM Hello, I have a situation where a member submitted an amendment (#1) and then withdrew it. Another submitted an amendment (#2) and now wants to with withdraw and have #1 considered. I have a few questions: What is the correct way to bring this before the members? Our bylaws say we need 30 days notice. Would notice have to be given again for #1? Does the member for amendment#1 have to do anything? Is it in order for the member for amendment #2 to submit another person's amendment? Please help. Thank you! Quote Link to comment Share on other sites More sharing options...
J. J. Posted October 6, 2020 at 03:25 AM Report Share Posted October 6, 2020 at 03:25 AM If notice was given for amendment #1, it is till "good." Any member may move #1 (18:33). It notice was given for #2, the same situation apples Quote Link to comment Share on other sites More sharing options...
Angie N Posted October 6, 2020 at 12:16 PM Author Report Share Posted October 6, 2020 at 12:16 PM 8 hours ago, J. J. said: If notice was given for amendment #1, it is till "good." Any member may move #1 (18:33). It notice was given for #2, the same situation apples Amendment#1 was already withdrawn. Would notice have to be given again for #1? Quote Link to comment Share on other sites More sharing options...
Angie N Posted October 6, 2020 at 12:25 PM Author Report Share Posted October 6, 2020 at 12:25 PM 8 hours ago, J. J. said: If notice was given for amendment #1, it is till "good." Any member may move #1 (18:33). It notice was given for #2, the same situation apples I also didn't see 18:33 in RONR 12th ed. Was that a reference you were giving? Quote Link to comment Share on other sites More sharing options...
J. J. Posted October 6, 2020 at 12:45 PM Report Share Posted October 6, 2020 at 12:45 PM 25 minutes ago, Angie N said: Amendment#1 was already withdrawn. Would notice have to be given again for #1? No, and note that the amendment can only be withdrawn at a meeting. Notice cannot be withdrawn. Once the notice is given, that notice is good for any member who wishes to make that motion, Sorry, I reversed the citation. It is 33:18. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 6, 2020 at 02:05 PM Report Share Posted October 6, 2020 at 02:05 PM 1 hour ago, J. J. said: Notice cannot be withdrawn. Actually, the rule (33:17) is that "a previous notice of a proposed motion requiring such notice … cannot be withdrawn after it is too late for renewal, unless unanimous consent is given." Quote Link to comment Share on other sites More sharing options...
Angie N Posted October 6, 2020 at 04:32 PM Author Report Share Posted October 6, 2020 at 04:32 PM 2 hours ago, Shmuel Gerber said: Actually, the rule (33:17) is that "a previous notice of a proposed motion requiring such notice … cannot be withdrawn after it is too late for renewal, unless unanimous consent is given." Would a motion than be needed to reconsider the amendment that was withdrawn? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 6, 2020 at 05:10 PM Report Share Posted October 6, 2020 at 05:10 PM (edited) 14 hours ago, Angie N said: I have a situation where a member submitted an amendment (#1) and then withdrew it. Another submitted an amendment (#2) and now wants to with withdraw and have #1 considered. I have a few questions: What is the correct way to bring this before the members? Our bylaws say we need 30 days notice. Would notice have to be given again for #1? Does the member for amendment#1 have to do anything? Is it in order for the member for amendment #2 to submit another person's amendment? It must first be understood that what has been submitted and what has (perhaps) been withdrawn is the notice of the amendment and not the amendment itself. The amendment itself is not pending until it is actually made at a meeting. As Mr. Gerber has noted, notice of an amendment may not be withdrawn if it is too late for another member to give notice of the amendment. It therefore logically follows that the notice may be withdrawn if it is not too late for another member to give notice of the amendment. So if the member who originally submitted notice for amendment #1 withdrew the notice prior to the deadline for submitting notice, this was permissible. It is also permissible for another member to now submit notice for a similar or identical amendment, provided that there is still time to provide sufficient notice. The member who originally submitted the amendment does not need to do anything. 39 minutes ago, Angie N said: Would a motion than be needed to reconsider the amendment that was withdrawn? The amendment hasn't even been considered for the first time yet, so I think a motion to Reconsider is a bit premature at this point. A member may give notice of an amendment which is similar or identical to the amendment for which notice which was withdrawn, provided that there is still time to give sufficient notice. No motion is necessary for this. Edited October 6, 2020 at 05:11 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted October 6, 2020 at 06:44 PM Report Share Posted October 6, 2020 at 06:44 PM I am unclear what "submitted an amendment (#2)" actually means. Was a motion to adopt amendment to the bylaws #2 actually made at the meeting? Quote Link to comment Share on other sites More sharing options...
Angie N Posted October 6, 2020 at 11:07 PM Author Report Share Posted October 6, 2020 at 11:07 PM Thank you everyone for responding! If I may try to add some clarity. Amendment#1 was withdrawn in a previous meeting. Amendment#2 gave 30 day notice per bylaws and was not brought before the membership to vote yet. That will be in a couple weeks. However the committee chair for amendment#2 stated in their report they want to withdraw their amendment which is #2 and have #1 reconsidered. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 7, 2020 at 12:42 AM Report Share Posted October 7, 2020 at 12:42 AM (edited) 1 hour ago, Angie N said: Thank you everyone for responding! If I may try to add some clarity. Amendment#1 was withdrawn in a previous meeting. Amendment#2 gave 30 day notice per bylaws and was not brought before the membership to vote yet. That will be in a couple weeks. However the committee chair for amendment#2 stated in their report they want to withdraw their amendment which is #2 and have #1 reconsidered. How many days is it until the meeting? Edited October 7, 2020 at 12:42 AM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Angie N Posted October 7, 2020 at 12:46 AM Author Report Share Posted October 7, 2020 at 12:46 AM 3 minutes ago, Josh Martin said: How many days is it until the meeting? Next Saturday Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 7, 2020 at 01:52 PM Report Share Posted October 7, 2020 at 01:52 PM 14 hours ago, Angie N said: Thank you everyone for responding! If I may try to add some clarity. Amendment#1 was withdrawn in a previous meeting. Amendment#2 gave 30 day notice per bylaws and was not brought before the membership to vote yet. That will be in a couple weeks. However the committee chair for amendment#2 stated in their report they want to withdraw their amendment which is #2 and have #1 reconsidered. 13 hours ago, Angie N said: Next Saturday Well, that's a lot less than 30 days. So it's too late to withdraw the notice for amendment #2, and it's too late to give notice for amendment #1. With that said, the amendment itself hasn't actually been made yet, so the member could just not make the motion when the time arrives. Another member, however, could take advantage of the notice and make the amendment if desired. Amendment #1 will have to wait until another meeting so that proper notice can be given. The motion to Reconsider is not applicable here. Quote Link to comment Share on other sites More sharing options...
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