Guest Eric L Posted March 31, 2021 at 07:59 PM Report Posted March 31, 2021 at 07:59 PM Is there an authoritative or generally accepted meaning for the word “publish” when used in bylaws? The bylaws to our group state: Section 2B. Agenda The State chair shall publish by social media, e-mail, written notice and/or text message and agenda for the meeting at least two(2) days before the meeting. Currently all monthly board meetings are held on-line and require having a link to the meeting via Zoom. Our bylaws state that any non-board member can attend the monthly meetings. Recently, a week before this month’s meeting, a member (not on the board) emailed our chair and asked why he was so secretive about the link to the Zoom meeting and the agenda (There were no executive session items on the agenda). Our current chair denied he was being secretive and said that all any member has to do is ask him for a copy of the agenda and he will provide it. He has never mentioned before to the membership that we need to request the agenda from him specifically. He says he has met the requirements of the bylaw; he creates the agenda and it is available - if you ask for it. Members think that "publish by social media" means he should make it available without anyone having to ask for it i.e posting it on the group’s web page and/or Facebook page. Quote
George Mervosh Posted March 31, 2021 at 08:11 PM Report Posted March 31, 2021 at 08:11 PM 6 minutes ago, Guest Eric L said: Is there an authoritative or generally accepted meaning for the word “publish” when used in bylaws? Not in RONR, but doesn't your rule define it? I think you meant "an agenda" instead of "and agenda". Quote
Atul Kapur Posted March 31, 2021 at 08:56 PM Report Posted March 31, 2021 at 08:56 PM Well, to be fair, it does not say who should receive the emails or text messages of the board meeting agendas. There appears to be a question of whether they should be distributed ("published") to the entire membership or just to the board, with the membership receiving them on request. A point of order could clarify that, with an appeal if the ruling is not to your liking. Or you could make a motion to direct the distribution the way you want. Quote
Richard Brown Posted April 1, 2021 at 01:21 PM Report Posted April 1, 2021 at 01:21 PM 17 hours ago, Guest Eric L said: Section 2B. Agenda The State chair shall publish by social media, e-mail, written notice and/or text message and agenda for the meeting at least two(2) days before the meeting. Assuming that “and agenda” means “an agenda”, it seems clear to me that the intent is that the agenda be published on social media, by email, or by text message. However, I agree with Dr. Kapur that the rule is not entirely clear as to whether This information is to be “published” (or provided) to the entire membership or just to the members of the board. My inclination is that it is to be provided to all members because of the reference to publishing it by social media. However, this is ultimately a matter of bylaws interpretation and it is up to the members of the association to make that interpretation. As Dr. Kapur stated, this can be done by someone raising a point of order at a meeting and then appealing the ruling of the chair. in addition, the bylaws could be amended or a special rule of order or standing rule adopted to provide clarification and more specificity. Quote
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