Changes to Bylaws

[Guest vfmfarm@aol.com]

In our bylaws, under Section 301  - General Membership Meetings - C,  it says " The Winter meeting shall be held each year prio9e to the beginning of the regular showseason, but not later than February 28th, and shall be the official  Annual Meeting of the NWMHC.  At this time new Officers and Directors will be introduced, committee chairs shall submit reports on goals and meeting schedules for the upcoming year, and membership will vote on proposed ByLaw changes."

But in Section 307 VOTING C it says "A favorable vote of two-thirds of the registered voting members at a General Meeting or a Special Meeting shall be required to (a) Enact, repeal or amend a Bylaw or (b) Dissolve the organization.  Proposals to enact, repeal or amend a Bylaw or dissolve the organization may be proposed at any Regular Meeting, or may be proposed in writing, providing a copy is provided each member by posting on the website at least (30) days prior to the Regular Meetings.  The written notification of this posting may be by Social Media, or sent by email.

My question is, if a Bylaw change was proposed at a General meeting other than the Annual Meeting, without providing a copy of the proposal to each member (30) days prior to that meeting, would it be proper to vote on the proposal at the same General Meeting?  What would be the correct way to bring a vote on a Bylaw change?  Is a proposal considered a motion to be voted on?

[Josh Martin]

6 minutes ago, Guest vfmfarm@aol.com said:

My question is, if a Bylaw change was proposed at a General meeting other than the Annual Meeting, without providing a copy of the proposal to each member (30) days prior to that meeting, would it be proper to vote on the proposal at the same General Meeting?

No, in my view, although the rules on this matter could benefit from clarification.

8 minutes ago, Guest vfmfarm@aol.com said:

What would be the correct way to bring a vote on a Bylaw change?

It would seem to me that the proposal may be initially raised orally at a meeting or may be made in writing outside of a meeting, but in either case, it is required that "a copy is provided each member by posting on the website at least (30) days prior to the Regular Meetings.  The written notification of this posting may be by Social Media, or sent by email." So a proposal could initially be raised at a meeting, but the vote could not be taken until a later meeting, and notice (as providing in the rule) would be required before the later meeting.

11 minutes ago, Guest vfmfarm@aol.com said:

Is a proposal considered a motion to be voted on?

Yes, I think so.

"A motion is a formal proposal by a member, in a meeting, that the assembly take certain action." RONR (12th ed.) 3:21

[Guest vfmfarm@aol.com]

5 hours ago, Josh Martin said:

No, in my view, although the rules on this matter could benefit from clarification.

It would seem to me that the proposal may be initially raised orally at a meeting or may be made in writing outside of a meeting, but in either case, it is required that "a copy is provided each member by posting on the website at least (30) days prior to the Regular Meetings.  The written notification of this posting may be by Social Media, or sent by email." So a proposal could initially be raised at a meeting, but the vote could not be taken until a later meeting, and notice (as providing in the rule) would be required before the later meeting.

Yes, I think so.

"A motion is a formal proposal by a member, in a meeting, that the assembly take certain action." RONR (12th ed.) 3:21

So would a vote made on a proposal at a Regular meeting, without proper notice, be considered invalid?  If so, what would be the best method to rectify the error?  Especially important because it involves money.

[Guest vfmfarm@aol.com]

5 hours ago, Josh Martin said:

No, in my view, although the rules on this matter could benefit from clarification.

It would seem to me that the proposal may be initially raised orally at a meeting or may be made in writing outside of a meeting, but in either case, it is required that "a copy is provided each member by posting on the website at least (30) days prior to the Regular Meetings.  The written notification of this posting may be by Social Media, or sent by email." So a proposal could initially be raised at a meeting, but the vote could not be taken until a later meeting, and notice (as providing in the rule) would be required before the later meeting.

Yes, I think so.

"A motion is a formal proposal by a member, in a meeting, that the assembly take certain action." RONR (12th ed.) 3:21

So would a vote made on a proposal at a Regular meeting, without proper notice, be considered invalid?  If so, what would be the best method to rectify the error?  Especially important because it involves money.

[Josh Martin]

7 minutes ago, Guest vfmfarm@aol.com said:

So would a vote made on a proposal at a Regular meeting, without proper notice, be considered invalid?  If so, what would be the best method to rectify the error?  Especially important because it involves money.

If an amendment to the bylaws is adopted without the required notice, then yes, this should be considered invalid. To rectify the error, a member would raise a Point of Order regarding the matter, followed by an Appeal if necessary.

[Richard Brown]

15 hours ago, Guest vfmfarm@aol.com said:

So would a vote made on a proposal at a Regular meeting, without proper notice, be considered invalid?  If so, what would be the best method to rectify the error?  Especially important because it involves money.

If the bylaw change is deemed invalid, the best method to rectify the error is to start over again by following the bylaw provisions for amending the bylaws at a regular meeting and giving the required notice. The only way to cure the error is by starting over.