Notice of Motion

[Guest Guest]

Our by-laws require that text of proposed by-law changes be included with the official meeting notice. Is the President required to include this text in the official notice if any member requests it or does he have power to simply ignore the request? If the latter, what is the recourse, if any, to force the inclusion of this text in the meeting notice?

[Larry Cisar]

Our by-laws require that text of proposed by-law changes be included with the official meeting notice. Is the President required to include this text in the official notice if any member requests it or does he have power to simply ignore the request? If the latter, what is the recourse, if any, to force the inclusion of this text in the meeting notice?

If you meet the requirements, the organization is obligated to send out the notice.

[Guest Guest]

If you meet the requirements, the organization is obligated to send out the notice.

Is there a section of RONR that would govern this issue I could refer to?

[Bruce Lages]

I'm a little confused by your question. You say the bylaws require that the text of any bylaw changes be included in the notice of meeting, but then ask if the president is required to do this if any member requests it. Since this is a bylaw requirement, there is no request involved - it must be done. And certainly the president, or whoever else would be responsible for preparing the notice of meeting, has no authority to ignore the bylaw requirement. Where is this request coming from, and why?

[Guest guest]

I'm a little confused by your question. You say the bylaws require that the text of any bylaw changes be included in the notice of meeting, but then ask if the president is required to do this if any member requests it. Since this is a bylaw requirement, there is no request involved - it must be done. And certainly the president, or whoever else would be responsible for preparing the notice of meeting, has no authority to ignore the bylaw requirement. Where is this request coming from, and why?

The president has refused to include language of the proposed by-law change in the official meeting notice because he does not support it. The by-laws require that notice by given of the vote on the by-law change and that the text of the change be included in the meeting notice. The question is: is the president obligated to include appropriate notice of this by law change in the meeting notice or can he not include it in the notice and, as a result, prevent the organization from considering the change that he does not support?

[Bruce Lages]

OK, guest, thanks for the reply. Your question is really whether the president has the power to "censure" proposals for bylaw amendments before they are introduced to the assembly. Nothing in RONR would give the president such authority. You need to carefully review the procedures for amending the bylaws that should be in your current bylaws to see if there are any additional conditions for submitting proposals for a bylaws amendment (such as, e.g., submitting any proposed amendments first to a bylaws review committee). If there are such conditions, and a submitted proposal did not satisfy them, then the president might be acting properly in refusing to include the text of the proposal in the notice of meeting. However, in the absence of any such conditions, I agree completely with Larry's answer - the president has no authority to screen out proposals he doesn't like.

[J. J.]

The president has refused to include language of the proposed by-law change in the official meeting notice because he does not support it. The by-laws require that notice by given of the vote on the by-law change and that the text of the change be included in the meeting notice. The question is: is the president obligated to include appropriate notice of this by law change in the meeting notice or can he not include it in the notice and, as a result, prevent the organization from considering the change that he does not support?

Instruct the secretary to send out proper notice. If the president attempts to block him, begin disciplinary action against the president; the secretary may understand that he's/she's next.

[Gary Novosielski]

Is there a section of RONR that would govern this issue I could refer to?

No. You said the requirement was in your bylaws. Therefore, it doesn't matter what RONR says on the matter.

[Kim Goldsworthy]

Our by-laws require that text of proposed by-law changes be included with the official meeting notice.

Is the President required to include this text in the official notice if any member requests it or does he have power to simply ignore the request?

If the latter, what is the recourse, if any, to force the inclusion of this text in the meeting notice?

It is the SECRETARY, or the person responsible for the contents of the mailing, who must include the necessary documents, the necessary data, in compliance with a rule regarding notice.

I don't know why or how your president got into the mix.

But let's assume that your process, as you describe is, is indeed your organization's way of doing the mailing.

(If the secretary instructs Mr. Mail Expert to compile the cover letter, the newsletter, the list of new members, etc., then the secretary must instruct Mr. Mail Expert to include any such notice, too.)

If that responsible person is your president, then, likewise, the president must compile whatever documents, whatever data, for the mailing of the meeting notice.

There is no rule in Robert's Rules which empowers a president, or empowers a secretary, to pick and choose which notices get to be mailed.

It is a violation of a rule in Robert's Rules of Order for an officer to suppress a notice which has reached the secretary, or the president, (i.e., the responsible party).

If the secretary errs, or if the president errs, and fails to include the notice, then there no recourse, but to try again next month, or next meeting.

If the secretary or president deliberately acts to suppress a notice, then that ought to be treated as a serious breach of the rules, and the organization ought to discipline that irresponsible officer.

But, again, there is no recourse (i.e., no alternative) but to try again next month, next meeting.

Since your are complying with your own customized rule, then the alternative method within RONR (10th ed. 2000) will not be applicable to your organization. (Namely, an oral method exists for giving notice.)