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Unconditional Notice


pwilson

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(1) Although I realize that RONR doesn’t use this language, is there a meaningful distinction between motions that require notice conditionally and those that require notice unconditionally?

Motions to rescind, amend something previously adopted, discharge a committee, postpone an event previously scheduled, adopt or amend special rules of order, and (unless otherwise provided in the bylaws) amend or revise bylaws require notice if the voting threshold for their adoption is to be lowered (to a majority or to two thirds, as the case may be).

Other motions require notice, period: to elect a chairman pro tem for more than one session (RONR [10th ed.], p. 87, l. 7-10); to fill a vacancy in an office vacated by a resignation accepted by the assembly (p. 279, l. 27-30); and, if stated in the bylaws, to adopt an original main motion concerning a subject such as admission to membership or a real-estate transaction (p. 98, l. 27-32; p. 116, l. 32-35).

(2) Are motions that unconditionally require notice out of order if no notice has been given? If so, why aren’t they listed among the main motions that are not in order (pp. 106-8) or the improper motions (pp. 332-33)? Or is notice required only for the adoption, not the introduction, of such motions?

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It's the adoption that would cause a continuing breach of the rules, but their introduction would not be in order. Perhaps since it clearly states notice is required in the first two cases you've cited, no further need exists, but I don't know the exact answer. Your last citation (p.98) says if the bylaws require notice and p. 332-33 covers that.

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(1) Although I realize that RONR doesn’t use this language, is there a meaningful distinction between motions that require notice conditionally and those that require notice unconditionally?

Well, motions which require notice conditionally simply require a higher voting threshold if notice is not provided, while motions which require notice unconditionally are not in order if notice has not been provided. Likewise, an amendment which is outside the scope of the notice will simply raise the voting threshold for a motion which requires notice unconditionally, and will be out of order for a motion which requires notice unconditionally.

(2) Are motions that unconditionally require notice out of order if no notice has been given?

Yes.

If so, why aren’t they listed among the main motions that are not in order (pp. 106-8) or the improper motions (pp. 332-33)?

Because both of those citations deal with motions which are out of order because of the qualities of the motion itself, not due to external factors such as whether notice has been provided, or whether a motion which ranks higher in the order of precedence is currently pending. Rules regarding external factors are elsewhere in the text.

Or is notice required only for the adoption, not the introduction, of such motions?

Notice is required for the introduction and adoption of such motions.

EDIT: Typo corrected.

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. . . an amendment which is outside the scope of the notice will simply raise the voting threshold for a motion which requires notice unconditionally, and will be out of order for a motion which requires notice unconditionally.

I'm pretty sure Mr. Martin intended the highlighted word to be "conditionally".

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