Motions filed after the deadline

[carol2424]

We do not allow motions off the floor so the secretary sets a date when all motions must be filed prior to an agm. Does the secretary have the right to extend the time period after the time has been set at a board meeting?

[Atul Kapur]

Has the board granted that authority to the secretary? No one else can.

[carol2424]

Thank you Atul. Authority has not been given. We are heading to our AGM in about 3 weeks. We had a board meeting and announced the deadlines for motions and nominees for directors. After the deadline 2 motions were accepted by the secetary and we now have directors asking that these motions not be accepted. Are they correct in doing this? Can the secetary ask for permission after the fact? Really appreciate any help or advice you can give me on this one. 

[J. J.]

The secretary cannot unilaterally change a deadline. 

[Gary Novosielski]

On 5/22/2023 at 6:22 PM, carol2424 said:

We do not allow motions off the floor so the secretary sets a date when all motions must be filed prior to an agm. Does the secretary have the right to extend the time period after the time has been set at a board meeting?

Is this restriction in the bylaws?   And who is granted the power to set that date?  If the time is set at a board meeting, how does the secretary set the date?  They can't both have that power.

[carol2424]

Thank you JJ for your answer. All help is appreciated. GARY....A motion was passed and registered that motions could not come off the floor as members did not have a chance to discuss them with their proxy. The time and date were discussed by the board and voted on, the secetary decided on her own to accept late ones. Now would it be considered legal and fair to change the date in order to accept these 2 motions. Everyone was made aware of the date.

[Gary Novosielski]

On 5/23/2023 at 12:19 AM, carol2424 said:

Thank you JJ for your answer. All help is appreciated. GARY....A motion was passed and registered that motions could not come off the floor as members did not have a chance to discuss them with their proxy. The time and date were discussed by the board and voted on, the sec[r]etary decided on her own to accept late ones. Now would it be considered legal and fair to change the date in order to accept these 2 motions. Everyone was made aware of the date.

I'm not sure a regular main motion would be enough to prevent motions from the floor at the AGM.  I think it might require a bylaws amendment.  But I'm not prepared to delve into that. 

I'm afraid to ask where this motion was passed, because I suspect it may have been in a board meeting.  This would be a major problem, since the board is subordinate to the membership and has no right to restrict the membership's freedom to act.  

But aside from all that, focusing on the specific question, the secretary has no authority to change the deadline or accept any motions after the deadline.

The whole question of whether such a deadline is even allowed is a topic of its own.

[Josh Martin]

On 5/22/2023 at 11:19 PM, carol2424 said:

Thank you JJ for your answer. All help is appreciated. GARY....A motion was passed and registered that motions could not come off the floor as members did not have a chance to discuss them with their proxy. The time and date were discussed by the board and voted on, the secetary decided on her own to accept late ones. Now would it be considered legal and fair to change the date in order to accept these 2 motions. Everyone was made aware of the date.

I concur with Mr. Novosielski that there is a question of whether the board has the authority to adopt this deadline to begin with. To the extent that it does, however, certainly the Secretary cannot unilaterally grant a waiver for that deadline.

This matter will ultimately be resolved by the assembly itself, at the AGM. A member would raise a Point of Order concerning the motions submitted after the deadline, the chair would rule on the point, and the ruling would be subject to appeal.

It may be advisable to consult a professional parliamentarian and/or an attorney on this matter to review the situation and the organization's rules in greater detail.

[carol2424]

It was voted and passed by the members at an AGM not to allow motions from the floor as this is a senior co-op and the members wanted time to think about motions. The date for motions to be turned in is usually set to give time for everything to be ready for the agm. It is that in this case the date was announced at a board meeting by the secetary and agreed upon by the board, then the secetary announced a few days later that she had accepted 2 motions after the deadline and since she had not started typing anything up yet it was her choice to accept late motions. A board member is objecting to this and feels that since it had been announced it should be informed. He has called for a meeting tomorrow to discuss this and I am trying to get a ruling on this but not finding much about it. Thanks to everyone for you help. I will be checking this site in case there is any new information. Thanks again.

[Josh Martin]

On 5/24/2023 at 12:55 AM, carol2424 said:

It was voted and passed by the members at an AGM not to allow motions from the floor as this is a senior co-op and the members wanted time to think about motions. 

Did the members also authorize the board to set a deadline for submission of motions?

To be clear, I think this is a perfectly reasonable rule. My questions are only concerning whether the proper procedures were followed for its adoption.