Rescinding bylaw amendments

[Dale Henslee]

During a meeting at which a number of bylaw amendments had already been voted on and approved, can someone request the entire list of amendments already approved made be null and void because some people left the room resulting in there no longer being a quorum for conducting business. The meeting was adjourned at the point this was brought to the chair’s attention. Wouldn’t everything voted on and previously approved still be in effect?

[Weldon Merritt]

"Because of the difficulty likely to be encountered in determining exactly how long the meeting has been without a quorum ..., a point of order relating to the absence of a quorum is generally not permitted to affect prior action, but upon clear and convincing proof, such a point of order can be given effect retroactively by a ruling of the presiding officer, subject to appeal ...." RONR 40:12.

What constitutes "clear and convincing proof"? Whatever is sufficient to convince the chair or, in the event of an appeal, a majority of the assembly. 

[Josh Martin]

On 2/26/2023 at 10:35 PM, Dale Henslee said:

During a meeting at which a number of bylaw amendments had already been voted on and approved, can someone request the entire list of amendments already approved made be null and void because some people left the room resulting in there no longer being a quorum for conducting business. The meeting was adjourned at the point this was brought to the chair’s attention. Wouldn’t everything voted on and previously approved still be in effect?

Certainly any bylaw amendments that were adopted when a quorum was present would be valid.

In the event the member is suggesting that a quorum was not present during the adoption of some of those bylaw amendments, a Point of Order may be raised to that effect, but proving the absence of a quorum at an earlier time may be difficult as a practical matter.

Edited February 27, 2023 at 01:23 PM by Josh Martin