Special Meeting Notice to Waive the 24 hour Notice period by 3 Board members

[Ann Forthofer]

We are a Tribal Council with five board members, The president called for a Special meeting.  Three board members the President, Sec/Treas, and Council member waiving the 24 hour meeting notice due the the nature of the emergency. In our Constitution & Bylaws it states that a Special Meeting needs to be posted 24 hours prior to the meeting. No where in our Bylaws does it give reference to an emergency/special meeting.  We do follow Roberts Rules of Order. I researched RONR on this topic and I can't get something tangible to present to one of the Council Members that is saying we would be breaking the Open Meeting Act. This meeting is to go into Executive session. 

[Josh Martin]

1 hour ago, Ann Forthofer said:

We are a Tribal Council with five board members, The president called for a Special meeting.  Three board members the President, Sec/Treas, and Council member waiving the 24 hour meeting notice due the the nature of the emergency. In our Constitution & Bylaws it states that a Special Meeting needs to be posted 24 hours prior to the meeting. No where in our Bylaws does it give reference to an emergency/special meeting.  We do follow Roberts Rules of Order. I researched RONR on this topic and I can't get something tangible to present to one of the Council Members that is saying we would be breaking the Open Meeting Act. This meeting is to go into Executive session. 

If your constitution and bylaws provide that notice of a special meeting needs to be posted 24 hours prior to the meeting, then that provision may not be "waived" unless the bylaws 1) provide for such a waiver or 2) every member of the council is present at the meeting. A rule protecting absentees may be suspended if (and only if) there are no absentees to protect.

"Rules protecting absentees cannot be suspended, even by unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension. For example, the rules requiring the presence of a quorum, restricting business transacted at a special meeting to that mentioned in the call of the meeting, and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent." RONR (12th ed.) 25:10

Whether the council's action in this matter would be a violation of a particular state's Open Meeting Act is beyond the scope of RONR and this forum. The council should seek legal advice on that matter.

EDIT: Struck through incorrect info.

Edited February 19, 2021 at 08:07 PM by Josh Martin

[Ann Forthofer]

Thank you for your help in this matter It is very much appreciated. The meeting was canceled for this morning and will be given the proper 24 hour meeting Notice. We called the Special Meeting this way because we had the chance to get a meeting with one of the Alaska Senators today. At our next Council Meeting we will meet and are going to make a decision to ratify. Being A Tribal Council we can not use Federal funds to get legal advice on this. 

[Josh Martin]

14 minutes ago, Ann Forthofer said:

Thank you for your help in this matter It is very much appreciated. The meeting was canceled for this morning and will be given the proper 24 hour meeting Notice. We called the Special Meeting this way because we had the chance to get a meeting with one of the Alaska Senators today. At our next Council Meeting we will meet and are going to make a decision to ratify. Being A Tribal Council we can not use Federal funds to get legal advice on this. 

It may be a moot point now that the meeting was canceled, but I realize now that I messed up in my earlier response. If the bylaws require 24 hours of notice, this may not be waived unless the bylaws provide for such a waiver, period. The rules on this subject can't be suspended even if all members are present. This is because action cannot be taken by an assembly outside of a regular or properly called meeting.

"Rules which embody fundamental principles of parliamentary law, such as the rule that allows only one question to be considered at a time (5:4), cannot be suspended, even by a unanimous vote. Thus, since it is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting (45:56), the rules cannot be suspended so as to give the right to vote to a nonmember, or to authorize absentee voting (45:56ff.). Likewise, since it is a fundamental principle that each member of a deliberative assembly is entitled to one—and only one—vote on a question, the rules may not be suspended so as to authorize cumulative voting (46:43)." RONR (12th ed.) 25:9