Amending bylaws

[Linda Preston]

I was put in charge of a committee to amend our bylaws for a small social shooting club in Sept. 2020. We have done that and presented the changes to the board. The board approved the bylaw revisions by the more than 2/3 vote specified in the bylaws. Now it is time to make them available to membership. We will do that via email, printed copy and posting on our website. Is there a 60 day period specified in Roberts Rules that must be maintained before a vote can be taken. Our annual membership meeting is 30 days away. Thanks. 

[Josh Martin]

Just now, Linda Preston said:

I was put in charge of a committee to amend our bylaws for a small social shooting club in Sept. 2020. We have done that and presented the changes to the board. The board approved the bylaw revisions by the more than 2/3 vote specified in the bylaws. Now it is time to make them available to membership. We will do that via email, printed copy and posting on our website. Is there a 60 day period specified in Roberts Rules that must be maintained before a vote can be taken. Our annual membership meeting is 30 days away. Thanks. 

RONR has no such waiting period. Your bylaws should specify the rules for their amendment.

[Linda Preston]

Thank you so much for your quick response. We have a few members who unfortunately make claims (like they are an expert) and no one ever fact checks them. Thanks again. 

[Weldon Merritt]

14 minutes ago, Linda Preston said:

We have a few members who unfortunately make claims (like they are an expert) and no one ever fact checks them.

The best defense against that, if you think they might be wrong, is to ask them to show you the rule. 

[Guest Puzzling]

12 hours ago, Linda Preston said:

I was put in charge of a committee to amend our bylaws for a small social shooting club in Sept. 2020. We have done that and presented the changes to the board. The board approved the bylaw revisions by the more than 2/3 vote specified in the bylaws. Now it is time to make them available to membership. We will do that via email, printed copy and posting on our website. Is there a 60 day period specified in Roberts Rules that must be maintained before a vote can be taken. Our annual membership meeting is 30 days away. Thanks. 

"The board approved the bylaws revision" The board can only approve bylaws amendments if they are granted those rights explicitly in the "old" bylaws or other laws. An statement that the board has full power over the association between meetings of the general membership is not sufficient.

"Is there a 60 day period specified in Roberts Rules that must be maintained before a vote can be taken."

Not in Roberts rules, maybe in other (by)laws Roberts rules do prescribe previous notice for bylaws amendments, but as you (implicitly) claim that the board has the right to amend the bylaws that does apply to the boardmeeting not to the general membership meeting.

Please make sure you can find the rule that permits the board to amend the bylaws. If you cannot find it you will need to put the amendments (and previous notice) to the general membership meeting.

[Josh Martin]

1 hour ago, Guest Puzzling said:

"The board approved the bylaws revision" The board can only approve bylaws amendments if they are granted those rights explicitly in the "old" bylaws or other laws. An statement that the board has full power over the association between meetings of the general membership is not sufficient.

"Is there a 60 day period specified in Roberts Rules that must be maintained before a vote can be taken."

Not in Roberts rules, maybe in other (by)laws Roberts rules do prescribe previous notice for bylaws amendments, but as you (implicitly) claim that the board has the right to amend the bylaws that does apply to the boardmeeting not to the general membership meeting.

Please make sure you can find the rule that permits the board to amend the bylaws. If you cannot find it you will need to put the amendments (and previous notice) to the general membership meeting.

I don't think the OP is suggesting that the board has the authority, acting alone, to amend the bylaws. Rather, it seems like it is a two-step process - the board proposes the amendments, but the membership must ultimately approve them. The OP refers to a vote being taken by the membership on this matter.

It is not quite correct to state that "Roberts rules do prescribe previous notice for bylaws amendments." RONR does say that, if the bylaws are silent regarding their amendment, they may be amended by the membership by a 2/3 vote with notice or by a vote of a majority of the entire membership without notice, and notice may be given orally at the previous regular meeting or by including the notice in the call of the meeting. It seems, however, that the bylaws are not silent regarding their amendment, so that is irrelevant. Instead, the bylaws will prescribe the method for their amendment, including what notice (if any) is required.

RONR certainly recommends that the bylaws require previous notice for their amendment, and this is generally the case, but whether previous notice is required (and if so, the exact manner of providing such notice) is ultimately up to the bylaws. See RONR (12th ed.) 56:50.

Edited May 9, 2021 at 01:13 PM by Josh Martin

[Richard Brown]

1 hour ago, Guest Puzzling said:

Please make sure you can find the rule that permits the board to amend the bylaws. If you cannot find it you will need to put the amendments (and previous notice) to the general membership meeting.

The way I read the original post, it appears that bylaw amendments are first approved by the board and then go to the general membership for approval. The poster’s question is about whether there is a 60 day waiting period before the general membership can vote on the amendments.  I do not read the post is saying that the board has the sole authority to amend the bylaws.

[Guest Puzzling]

Probably the whole bylaws amendment procedure is set out in the bylaws otherwise where comes the "The board approved the bylaw revisions by the more than 2/3 vote specified in the bylaws." from?

So probably everything in RONR is overruled in the bylaws even the answer on the OP s question can (only) be found there.

Strange that the bylaws require a 2/3 vote of the board , it is only an advice to the membership, it makes me curious what will happen if during the debate by the membership amendments are approved. Maybe we will have to wait till we see the "old" bylaw articles

[Richard Brown]

1 hour ago, Guest Puzzling said:

Probably the whole bylaws amendment procedure is set out in the bylaws otherwise where comes the "The board approved the bylaw revisions by the more than 2/3 vote specified in the bylaws." from?

Yes, as it should be and almost always is.  And it obviously is in this case.  It is rare for the bylaws not to specify the method of amending them.

1 hour ago, Guest Puzzling said:

So probably everything in RONR is overruled in the bylaws

No, not necessarily.  There are many "fine points" not usually included in the bylaws, such as the "scope of notice" rule in RONR.

1 hour ago, Guest Puzzling said:

even the answer on the OP s question can (only) be found there.

No, it clearly cannot be found in her bylaws.  Her very specific question was whether RONR has a 60 day rule.  The very simple, direct and clear answer is, "No there is no such rule in RONR".  That is the entirety of all that needed to be said to answer Ms Preston's one and only question.

1 hour ago, Guest Puzzling said:

Strange that the bylaws require a 2/3 vote of the board, , it is only an advice to the membership

No, it is not all unusual  for bylaws to provide that the board or a bylaws committee must first approve proposed bylaw amendments or make a recommendation to the membership regarding the proposed amendments.  Whether the requirement of a two thirds vote is unusual is something I don't know, but Ms Preston's rules are what they are.  She didn't ask a question about what we think of her rules.  She asked if RONR has a required 60 day waiting period.   The answer is simple and clear: it does not.

1 hour ago, Guest Puzzling said:

it makes me curious what will happen if during the debate by the membership amendments are approved.

The amendments approved by the membership will become part of the bylaws if they are part of the original proposed changes or are within the scope of notice of those changes as is always the case.  But, again:  That is not her question.   Her question is whether RONR has a 60 day waiting period.

1 hour ago, Guest Puzzling said:

Maybe we will have to wait till we see the "old" bylaw articles

No, there is no need for us to see the current bylaws unless Ms. Preston or someone else comes back with a question about something they say or whether any of the amendments adopted at the meeting exceed the scope of notice rule in RONR.  There is no reason for us to speculate about that or what the current bylaws say.  Again, her only question was whether there is a 60 day rule in RONR.  There is nothing unusual about the bylaw amendment procedure she described and there is no reason for us to get into all of this speculation about things not at issue and not asked about.  Her post does not raise any "red flags" that we need to address.