If a constitutional amendment submitted prior to the meeting is withdrawn must the seconder be notified

[MGaal]

We are having a contentious AGM. A member submitted a constitutional amendment well prior to the meeting but later withdrew their amendment before the meeting started. The Seconder was not notified. Is it required to notify the seconder? 

[Richard Brown]

On 11/10/2021 at 9:00 AM, MGaal said:

We are having a contentious AGM. A member submitted a constitutional amendment well prior to the meeting but later withdrew their amendment before the meeting started. The Seconder was not notified. Is it required to notify the seconder? 

Not based on the rules in RONR. 

[MGaal]

Thank you!

 

[Rob Elsman]

I agree with Mr. Brown.

If I understand the facts correctly, previous notice of the motion to amend the bylaws had been given, but the main motion had not been made during a meeting.  Technically, the motion was not "withdrawn", since it had not been made in the first place.  It is not required that the giver of previous notice follow through with a main motion, although any other member could do so.

[Richard Brown]

I concur with Mr. Elsman's more extensive response.

[Atul Kapur]

Note, however, that the previous notice of an amendment cannot be withdrawn after the deadline for giving notice. RONR (12th ed.) 33:17

[Guest Thank you all! Follow up Q]

I may have misunderstood the situation as I am joining the conversation late. 

So, an amendment was proposed to a subcommittee. The amendment was debated and the mover withdrew their amendment. The seconder was not present and were not notified of the withdrawal. Is there a requirement that they be notified?  

Thank you all for the help!

[Guest Zev]

The answer is still no.

[Joshua Katz]

Okay, I agree with the above, but:

On 11/10/2021 at 2:29 PM, Guest Thank you all! Follow up Q said:

So, an amendment was proposed to a subcommittee. The amendment was debated and the mover withdrew their amendment.

The mover had no power to withdraw the amendment, unless by unanimous consent of the committee to which it was presented. Once a motion is made, it belongs to the assembly, not the mover. 

[Rob Elsman]

My sense is that additional facts have submitted by someone other than the original poster.  Is that correct?  Are we all dealing with the same situation or has the thread convoluted into two separate situations?

At any rate, seconds are not necessary in committees using the rules for small boards and committees.  RONR (12th ed.) 4:9n7.

>>---> Mr. Gerber:  In the index (p. 706 in the hardback edition) under the heading small-board rules, there is an entry for "second" and only a reference for 4:9n7.  I suggest that another reference be added for 49:21.  In my own opinion, the more formal statement of the rule is found at 49:21; what is said at 4:9n7 is really made in reference to 49:21.

 

[Shmuel Gerber]

On 11/10/2021 at 3:41 PM, Rob Elsman said:

>>---> Mr. Gerber:  In the index (p. 706 in the hardback edition) under the heading small-board rules, there is an entry for "second" and only a reference for 4:9n7.  I suggest that another reference be added for 49:21.  In my own opinion, the more formal statement of the rule is found at 49:21; what is said at 4:9n7 is really made in reference to 49:21.

Thank you. (I don't read every message on the forum, but I happened to read this one.)

[Richard Brown]

On 11/10/2021 at 2:10 PM, Joshua Katz said:

Okay, I agree with the above, but:

The mover had no power to withdraw the amendment, unless by unanimous consent of the committee to which it was presented. Once a motion is made, it belongs to the assembly, not the mover. 

I agree.  However, if he was permitted to "withdraw" the motion and nobody objected, I would say the amendment has been withdrawn and it is too late to do anything about it now.  That  principle is something the original poster might keep in mind for the future along with the rulle in RONR that seconds are not required in committees of any size unless there is a customized rule to the contrary.

[MGaal]

Thank you all!