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Bylaws revision


Guest Mark Riggins

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Our organization had a bylaws revision on the agenda but due to organized tactics to delay, we ran out of time and were not able to get to them and had to recess the meeting until a later date. When we send out the call for the continuation of the meeting, can we revise the bylaws revision if we send it out with the call to the continuation and we give sufficient notice (10 days per our bylaws)? 

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First, you might review §57:5 in RONR (12th ed.) regarding general revisions to bylaws.

Second, it isn't clear whether you set an adjourned meeting, but it appears that way and I am basing my answers on the assumption that the assembly set an adjourned meeting for a future date to complete the bylaws revision. If that is the situation, you simply pick back up where you left off.  The proposed bylaws revision is just as open  to discussion, amendments and voting just as if you are still in the original meeting.  No new notice of the proposed revision needs to be given per the rules in RONR, but it is probably a good idea to do it anyway to ward off objections that members didn't know what would be taken up at the adjourned meeting.

The same rules apply if there will not be an adjourned meeting but the bylaws revision will be taken up again at the next regular meeting as "unfinished business and general orders".

More detail as to exactly how this adjourned (or recessed) meeting came about being set will be helpful for us to perhaps give you better and possibly different advice.  The exact nature and wording of the motion to take it up at a future date will be helpful.

I do strongly encourage you to read section 57:5 of RONR regarding revisions to the bylaws as the rules for handling revisions changed in the new (and current) 12th edition. You might also look at the rules concerning fixing the time to which to adjourn, commonly referred to as setting an adjourned meeting.

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If the bylaws revision was never introduced at the first meeting, i.e., the meeting ended before the motion introducing the revision could be made, then I think it is possible to provide notice of a revised revision for the next meeting as long as this notice can be given in compliance with the previous notice requirements for bylaw amendments. It would be a good idea to highlight how the new revision differs from the original one in the previous notice.

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If the intent is to submit a new and different revision, I agree with Mr. Lages, although I'm not certain it is necessary.  RONR is not clear whether there is a scope of notice issue regarding provisions in the proposed revision.  The language in sections 57:5 - 57:13 indicates to me that there is no scope of notice with a proposed revision of the bylaws.  However, I agree with Mr. Lages that if the intent is to introduce a revision that differs from the one initially noticed, it is probably a good idea to give notice of the new proposed revision.  If no change is proposed but the assembly will be taking up the same proposal for which notice has already been given, no additional notice is required.

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2 hours ago, Guest Mark Riggins said:

Our organization had a bylaws revision on the agenda but due to organized tactics to delay, we ran out of time and were not able to get to them and had to recess the meeting until a later date. When we send out the call for the continuation of the meeting, can we revise the bylaws revision if we send it out with the call to the continuation and we give sufficient notice (10 days per our bylaws)? 

Mr. Riggins' use of the word "them" makes me wonder if it s a revision as RONR defines it, or a large set of proposed individual amendments ("them").   Mr. Riggins? 

Edited by George Mervosh
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24 minutes ago, George Mervosh said:

Mr. Riggins' use of the word "them" makes me wonder if it s a revision as RONR defines it, or a large set of proposed individual amendments ("them").

"Them" could be a reference to the proposed revised bylaws as a whole. But I agree that clarification would be helpful.

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3 minutes ago, Weldon Merritt said:

"Them" could be a reference to the proposed revised bylaws as a whole. But I agree that clarification would be helpful.

It's also necessary to know because as Richard noted in post #2 a proposed revision is fully opened to amendment.  Individual amendments as we know have restrictions on how they can be amended.  Since notice has been given and Mr. Riggins says they want to make some amendments, this could get messy with the notice already provided if this is not a proposed revision.  Yes, we just need a lot more information to be helpful here.

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Guest Clarification

Thank you all for your input and advice. We are doing a complete revision of the bylaws with no reference to the old ones at all. The person preparing the call to meeting sent out a previous version our proposed revision with four important changes we had to have. We just wanted to make those changes to the revision so we don't have to delay until our September meeting.

Thanks again

 

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