Guest cate804 Posted May 29, 2010 at 04:00 PM Report Share Posted May 29, 2010 at 04:00 PM If the bylaws require members to be noticed of bylaws amendment vote, then can the Board decide prior to that membership vote that they are not going to allow the bylaws to come for a vote, because not all members were properly noticed of the vote. Link to comment Share on other sites More sharing options...
Rob Elsman Posted May 29, 2010 at 04:05 PM Report Share Posted May 29, 2010 at 04:05 PM If the bylaws require members to be noticed of bylaws amendment vote, then can the Board decide prior to that membership vote that they are not going to allow the bylaws to come for a vote, because not all members were properly noticed of the vote.No. However, when the motion is introduced in the general membership assembly, any member of that assembly, whether or not a member of the executive board, can make a Point of Order, RONR (10th ed.), §23, pp. 240ff, that the motion is inadmissible on account that the required previous notice has not been validly given, pp. 116-118. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 29, 2010 at 04:09 PM Report Share Posted May 29, 2010 at 04:09 PM The Board has no power to decide what comes before the Membership (unless the bylaws give that power). However, at the Membership meeting a member can raise a Point of Order at the time the bylaws are up for consideration that proper notice wasn't given and so the bylaws cannot be considered at the meeting. The Chair's ruling can be Appealed. Link to comment Share on other sites More sharing options...
Guest cate804 Posted May 29, 2010 at 05:35 PM Report Share Posted May 29, 2010 at 05:35 PM IF the bylaws state that notice must be GIVEN to the members 30 days in advance, does that mean mailed out 30 days or received by the members in 30 days?Thanks to all who are replying to help us out! Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 29, 2010 at 05:39 PM Report Share Posted May 29, 2010 at 05:39 PM IF the bylaws state that notice must be GIVEN to the members 30 days in advance, does that mean mailed out 30 days or received by the members in 30 days?Thanks to all who are replying to help us out!That is for you all to decide. See RONR pp. 570-573 for some principles to help with that. However, just to be safe you should make sure the notice is received by the members at least 30 days in advance. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted May 29, 2010 at 05:42 PM Report Share Posted May 29, 2010 at 05:42 PM . . . does that mean mailed out 30 days or received by the members in 30 days?Notice is always measured from the view of the sender, never the recevier.So you start counting from the (singular) day of mailing. You ignore the (various) day(s) of mail delivery. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 29, 2010 at 05:53 PM Report Share Posted May 29, 2010 at 05:53 PM Notice is always measured from the view of the sender, never the recevier.So you start counting from the (singular) day of mailing. You ignore the (various) day(s) of mail delivery.Does RONR actually say that notice is from the viewpoint of the sender? Link to comment Share on other sites More sharing options...
Guest cate804 Posted May 29, 2010 at 05:54 PM Report Share Posted May 29, 2010 at 05:54 PM Thanks to everyone Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 29, 2010 at 05:59 PM Report Share Posted May 29, 2010 at 05:59 PM Does RONR actually say that notice is from the viewpoint of the sender?Chris - see p. 89 ll. 5-9 for a reference to this, at least as it applies to notice of special meetings, which I suspect follows through to all notice. The inference would be drawn that you start counting on the day of the mailing itself, although the meeting day itself is not included in the count of days. One can never know when a member will receive notice, for a variety of reasons inherent in the postal service. Link to comment Share on other sites More sharing options...
Trina Posted May 30, 2010 at 12:49 PM Report Share Posted May 30, 2010 at 12:49 PM Chris - see p. 89 ll. 5-9 for a reference to this, at least as it applies to notice of special meetings, which I suspect follows through to all notice. The inference would be drawn that you start counting on the day of the mailing itself, although the meeting day itself is not included in the count of days. One can never know when a member will receive notice, for a variety of reasons inherent in the postal service.After puzzling over the referenced lines on p. 89, I turned to p. 90, and voila (or 'viola', as I've seen people say so often on Internet forums lately, God only knows why)... Totally off-topic, David, but that is a pretty creepy composite (?) photo you have on your profile page. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 30, 2010 at 01:01 PM Report Share Posted May 30, 2010 at 01:01 PM Chris - see p. 89 ll. 5-9 for a reference to this, at least as it applies to notice of special meetings, which I suspect follows through to all notice. The inference would be drawn that you start counting on the day of the mailing itself, although the meeting day itself is not included in the count of days. One can never know when a member will receive notice, for a variety of reasons inherent in the postal service.Gotcha. That makes sense. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 30, 2010 at 01:02 PM Report Share Posted May 30, 2010 at 01:02 PM Totally off-topic, David, but that is a pretty creepy composite (?) photo you have on your profile page. You ain't kidding! Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 30, 2010 at 06:25 PM Report Share Posted May 30, 2010 at 06:25 PM Totally off-topic, David, but that is a pretty creepy composite (?) photo you have on your profile page. You ain't kidding! Well....... it's an old photo, of course. I've since grown into my genetically destined good looks. And apologies for the pg 89/90 mixup. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.