An absent member's vote is a yes vote.

[Dan Honemann]

On 7/26/2023 at 9:40 AM, Josh Martin said:

I'm having a difficult time, however, separating the parliamentary question here from the legal question, because it seems to me the only reason Mr. Carlson's society wants to do this is as a "workaround" for the state law. I don't get the impression Mr. Carlson's society would have any interest in this rule if the state law in question did not exist. As a consequence, it would seem to me the society is better served in this matter by consulting with an attorney to determine whether such a workaround is permissible under the law in question and, if so, how this might best be accomplished.

I agree 

You are having difficulty separating the parliamentary question from the legal question because the only real question being asked here is purely a legal question.

Mr. Carlson asked if the proposed bylaw amendment would violate a fundamental principle of parliamentary law or "is it a valid bylaw amendment?"  Here is your initial response:

"Yes, it does violate a fundamental principle of parliamentary law. That fact alone, however, does not mean the bylaw amendment is invalid. An organization may adopt rules in its bylaws which violate fundamental principles of parliamentary law. The larger concern is whether the rule conflicts with the state law. If the proposed rule conflicts with state law, then it will not be a valid bylaw amendment."

This response was and is entirely correct.  The reference to a fundamental principle of parliamentary law is a red herring.  The only real question is whether or not the proposed amendment conflicts with state law, which is purely a legal question.

 

 

[Joshua Katz]

On 7/26/2023 at 9:40 AM, Josh Martin said:

I'm having a difficult time, however, separating the parliamentary question here from the legal question, because it seems to me the only reason Mr. Carlson's society wants to do this is as a "workaround" for the state law. I don't get the impression Mr. Carlson's society would have any interest in this rule if the state law in question did not exist. As a consequence, it would seem to me the society is better served in this matter by consulting with an attorney to determine whether such a workaround is permissible under the law in question and, if so, how this might best be accomplished.

 

I agree, and I'd add that everything of interest to that question appeared in the first 3 or 4 responses.