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Bylaw Amendment


Angie N

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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! 

 

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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Amendment#1 was already withdrawn.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No, and note that the amendment can only be withdrawn at a meeting.  Notice cannot be withdrawn.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. 

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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It must first be understood that what has been submitted and what has (perhaps) been withdrawn is the notice of the amendment and not the amendment itself.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 Gerber has noted, notice of an amendment may not be withdrawn if it is too late for another member to give notice of the amendment. It therefore logically follows that the notice may be withdrawn if it is not too late for another member to give notice of the amendment.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 by Josh Martin
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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. 

 

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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 by Josh Martin
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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.

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