Undoing action taken by a convention

[Guest Teri]

A proviso was passed at a membership convention in 2007 after the passage of new bylaws for the organization. This proviso allowed a specific Article in the former bylaws to continue in existence until December 31, 2010 to allow all subordinate organizations to create new bylaws in conformance with new bylaws of the mother organization. It is now necessary to extend that time period as not all subordinate organizations will have their bylaws finished by December 31, 2010. The question is by what body can that action of the former convention be overturned and the time period be extended? The board of directors does have authority to act in the time period between conventions, so could the board of directors overturn the vote of the convention and extend the time period? Could the membership in general extend the time period?

[George Mervosh]

Who has the authority to amend the society's bylaws? The Convention? If so, that's the only entity that can change it.

[Chris Harrison]

Who has the authority to amend the society's bylaws? The Convention? If so, that's the only entity that can change it.

...and if so you need to check whether there is any provision in the bylaws for calling a Special Meeting of a convention to accomplish this.

[hmtcastle]

A proviso was passed at a membership convention in 2007 after the passage of new bylaws for the organization. [emphasis added]

This may be a minor point (or not) but the proviso had to be a part of the motion to amend the bylaws, not something adopted after the fact. Otherwise you'd be adopting a motion in conflict with the bylaws.

[George Mervosh]

...and if so you need to check whether there is any provision in the bylaws for calling a Special Meeting of a convention to accomplish this.

Interesting. I've never seen a bylaw provision that allows for a Special Convention, but it would be interesting to see one. I doubt any anyone would want to go through the process and expense necessary to put one together.

[Chris Harrison]

I doubt any anyone would want to go through the process and expense necessary to put one together.

I'm sure you are right. The only time I could see such a thing being justified is if there was an issue (that no other body could address) where waiting until the next convention isn't a viable option.

[Ann Rempel]

I'm sure you are right. The only time I could see such a thing being justified is if there was an issue (that no other body could address) where waiting until the next convention isn't a viable option.

I've seen this included in the bylaws of both national and state associations, but have not seen the provision implemented. When some conventions were canceled because of travel difficulties associated with September 11, 2001, some leaders of national organizations wished for a bylaw provision that would allow calling another convention. In my own state, it is more likely that weather could cause a cancellation.

[J. J.]

Interesting. I've never seen a bylaw provision that allows for a Special Convention, but it would be interesting to see one. I doubt any anyone would want to go through the process and expense necessary to put one together.

Try looking at the bylaws of the group of which you are president.

[J. J.]

I've seen this included in the bylaws of both national and state associations, but have not seen the provision implemented. When some conventions were canceled because of travel difficulties associated with September 11, 2001, some leaders of national organizations wished for a bylaw provision that would allow calling another convention. In my own state, it is more likely that weather could cause a cancellation.

The 9/11 attach spawned what has become known as a "doomsday clause," which permits cancellation and usually rescheduling. That isn't quite the same as a special meeting.

[pj_england]

I would think the next meeting of the membership convention like the "membership convention in 2007" would have the same authority to move to extend the deadline. If the deadline is going to occur before the next membership convention, then a special meeting might be called if your bylaws permit it.

This is good information for me to remember to put ways to add how to make an extension to a deadline into the motion, in the event that the deadline might be missed before another meeting is going to be held. I can see how problems like this can arise with meetings held only once or twice a year.

[J. J.]

I would think the next meeting of the membership convention like the "membership convention in 2007" would have the same authority to move to extend the deadline. If the deadline is going to occur before the next membership convention, then a special meeting might be called if your bylaws permit it.

This is good information for me to remember to put ways to add how to make an extension to a deadline into the motion, in the event that the deadline might be missed before another meeting is going to be held. I can see how problems like this can arise with meetings held only once or twice a year.

Because the last convention put it in the bylaws, as a proviso, the next conventions hands are tied, unless they too amend the existing bylaws.