Janis Arnold Posted December 15, 2021 at 07:02 PM Report Share Posted December 15, 2021 at 07:02 PM Is it correct that according to RONR, S55, a board would make up their own by-law, regarding a requirement for a number of readings before a by-law is introduced OR amended? For example, it may say in a board's by-laws that 3 readings are required. But if there is no such by-law, then there is no requirement for 3 readings (along with their prescribed specifications), therefore a new by-law or amendment could be passed on first go-round at a meeting? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted December 15, 2021 at 07:43 PM Report Share Posted December 15, 2021 at 07:43 PM I assume you mean a school board (if you say "board" on this forum, it is taken to mean an executive board or board of directors). I further assume that you mean § 57 "Amendment of Bylaws", rather than 55. If the bylaws are silent, then the default in RONR is that notice is required and a 2/3 vote. RONR (12th ed.) 57:1(1). An alternative is "a vote of the majority of the entire membership." So it's not quite correct to say that it "could be passed on first go-round" as notice of motion is required under RONR, although that can be by-passed with a vote of the majority of the entire membership. But it would be important to look at the exact wording of the bylaws in question, in order to determine if they are actually silent. Quote Link to comment Share on other sites More sharing options...
Janis Arnold Posted December 17, 2021 at 08:30 PM Author Report Share Posted December 17, 2021 at 08:30 PM Thanks Atul. I don't have specific by-laws to cite as (yes, it's school boards) we work for many and they all have different by-laws, it's just a general question. But perhaps a follow-up on what you wrote above '....as notice of motion is required under RONR, although that can be by-passed with a vote of the majority ......' If the school board voted to by-pass the notice with a 2/3's vote, then the by-law could pass at the same meeting, correct? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted December 18, 2021 at 12:24 AM Report Share Posted December 18, 2021 at 12:24 AM IF the 2/3 vote also means that a majority of the entire membership votes in favour (this is not automatically true, depending on attendance and abstentions), AND IF the bylaws and other governing documents (such as statutes) are truly silent on this. Quote Link to comment Share on other sites More sharing options...
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