Guest MSNPEPPER Posted January 7, 2011 at 11:23 PM Report Share Posted January 7, 2011 at 11:23 PM Our Society has a Fall meeting where an agenda is sent out following our constitution, so that members have the required 15 days notice. The meeting is a fall picnic and annual meeting combined. The agenda this year was approval of the 2010-11 budget, elections of Executive Committee members for the coming year and a number of proposed bylaw changes. As in previous years, the presiding officer of the Society has a ballot prepared that contains a number of items on it that allows the society member to check yes or no for the approval of the budget, new officers and byaw changes. In the past the group has been somewhat informal, and ask if there are questions on any of the proposed items and then passes out the ballot which individual check off their approval or not. A record is kept of who receives the ballot but not identifying specific ballots to individuals. The results are tabulated and the results announced. The new officers take over right away, the budget is approved and bylaw changes were approved. Four months later one of the Executive members wants to reconsider one or all of the bylaw changes.The dilema is the vote took place over 4 months ago and atteh time of the vote no one objected to the results. Since the ballots contained a number of items on it it is very difficult to go pack especialy since a number of actions have already taken place, money expended for the fiscal year 2010-11, official documents signed by the new President and bylaw chagnes posted as approved. The President is new at this position and has limited knowledge of parli pro and has confused the issue even more. Help any suggestions? Can bylaw be reopened after 4 months and what would that do for the other actions taken. Link to comment Share on other sites More sharing options...
hmtcastle Posted January 7, 2011 at 11:32 PM Report Share Posted January 7, 2011 at 11:32 PM Can bylaw be reopened after 4 months and what would that do for the other actions taken.Firstly, the term "reconsider" has a very narrowly defined parliamentary meaning which is not applicable in this situation.But, generally speaking, most adopted motions can be rescinded (or otherwise amended), as long as the action(s) authorized by the motion haven't been completed.The motion to rescind or amend something previously adopted (ASPA) requires a two-thirds vote, the vote of a majority of the entire membership, or, with previous notice, a majority vote.But there may be specific rules for amending your bylaws which would supersede the general rules for amending a motion. Link to comment Share on other sites More sharing options...
msnpepper Posted January 7, 2011 at 11:36 PM Report Share Posted January 7, 2011 at 11:36 PM Firstly, the term "reconsider" has a very narrowly defined parliamentary meaning which is not applicable in this situation.But, generally speaking, most adopted motions can be rescinded (or otherwise amended), as long as the action(s) authorized by the motion haven't been completed.The motion to rescind or amend something previously adopted (ASPA) requires a two-thirds vote, the vote of a majority of the entire membership, or, with previous notice, a majority vote.But there may be specific rules for amending your bylaws which would supersede the general rules for amending a motion. Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 7, 2011 at 11:39 PM Report Share Posted January 7, 2011 at 11:39 PM Four months later one of the Executive members wants to reconsider one or all of the bylaw changes.This would require a new bylaw amendment. You can't rescind a change to the bylaws, except by following the procedure for amending the bylaws, generally spelled out in the bylaws themselves. Link to comment Share on other sites More sharing options...
msnpepper Posted January 7, 2011 at 11:43 PM Report Share Posted January 7, 2011 at 11:43 PM Our society requires a 2/3 vote and to approve along with a 15 day notice for bylaw changes. If someone wanted to rescind a bylaw previously passed four months earlier, that action would have follow the procedures our society has set up to amend our bylaws and must be done at a society meeting not just by the Executive committee. The situation I am referring to is that the President wants to have discussion on the bylaw changes to verify their validity but I would assume someone in a general society meeting not an Executive Committee must do that? Link to comment Share on other sites More sharing options...
hmtcastle Posted January 7, 2011 at 11:47 PM Report Share Posted January 7, 2011 at 11:47 PM The situation I am referring to is that the President wants to have discussion on the bylaw changes to verify their validity but I would assume someone in a general society meeting not an Executive Committee must do that?Well, anyone can discuss anything. But what is the basis for challenging the validity of the previous bylaws amendment(s)? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 8, 2011 at 05:52 AM Report Share Posted January 8, 2011 at 05:52 AM The situation I am referring to is that the President wants to have discussion on the bylaw changes to verify their validity but I would assume someone in a general society meeting not an Executive Committee must do that?If the intent is to rule that the amendments are null and void, that may only be done at a meeting of the general membership. I also see nothing from the facts presented which would suggest that the amendments are null and void. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 8, 2011 at 06:52 PM Report Share Posted January 8, 2011 at 06:52 PM Well, anyone can discuss anything. But what is the basis for challenging the validity of the previous bylaws amendment(s)?Well, I think that would need to be established before it could be determined if the motion (and subsequent discussion) was actually in order. ...unless the motion was merely an expression of dismay or similar "sense of the body" motion. Link to comment Share on other sites More sharing options...
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