J. J. Posted January 24, 2011 at 07:06 PM Report Share Posted January 24, 2011 at 07:06 PM The society, which meets monthly, adopts the following special rule in January 2010:No motion shall be adopted to invest Society funds in common stock until December of 2016.At the February 2011 meeting, some members want to invest society funds in common stock. They gave no notice at the January meeting and cannot send out any additional notice.The members that want to do it are pretty sure that 2/3 of the members there will favor the motion, and that the quorum will be there. Since the quorum is small (15 members) and the membership is large (350), they are very sure that that a majority of the entire membership will not be there.Is it possible to suspend this rule and adopt the motion invest society funds in common stock? Link to comment Share on other sites More sharing options...
George Mervosh Posted January 24, 2011 at 07:29 PM Report Share Posted January 24, 2011 at 07:29 PM Yes. Link to comment Share on other sites More sharing options...
J. J. Posted January 24, 2011 at 07:31 PM Author Report Share Posted January 24, 2011 at 07:31 PM Yes.Why or why not? (And yes, I can see both sides.) Link to comment Share on other sites More sharing options...
Dan Honemann Posted January 24, 2011 at 07:32 PM Report Share Posted January 24, 2011 at 07:32 PM The society, which meets monthly, adopts the following special rule in January 2010:No motion shall be adopted to invest Society funds in common stock until December of 2016.At the February 2011 meeting, some members want to invest society funds in common stock. They gave no notice at the January meeting and cannot send out any additional notice.The members that want to do it are pretty sure that 2/3 of the members there will favor the motion, and that the quorum will be there. Since the quorum is small (15 members) and the membership is large (350), they are very sure that that a majority of the entire membership will not be there.Is it possible to suspend this rule and adopt the motion invest society funds in common stock?If this is a special rule of order it can be suspended by a two-thirds vote, but I don't think it is a special rule of order. I think it is a standing rule which has its application outside of a meeting context. If so, it cannot be suspended. It may, however, be amended or rescinded. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted January 24, 2011 at 07:34 PM Report Share Posted January 24, 2011 at 07:34 PM The society, which meets monthly, adopts the following special rule in January 2010:No motion shall be adopted to invest Society funds in common stock until December of 2016.At the February 2011 meeting, some members want to invest society funds in common stock. They gave no notice at the January meeting and cannot send out any additional notice.The members that want to do it are pretty sure that 2/3 of the members there will favor the motion, and that the quorum will be there. Since the quorum is small (15 members) and the membership is large (350), they are very sure that that a majority of the entire membership will not be there.Is it possible to suspend this rule and adopt the motion invest society funds in common stock?Yes.The new rule is only a rule which says, "X is out of order (for a while)."So, yes, you can suspend the rule, and make what would have been out of order, in-order. Link to comment Share on other sites More sharing options...
J. J. Posted January 24, 2011 at 07:38 PM Author Report Share Posted January 24, 2011 at 07:38 PM If this is a special rule of order it can be suspended by a two-thirds vote, but I don't think it is a special rule of order. I think it is a standing rule which has its application outside of a meeting context. If so, it cannot be suspended. It may, however, be amended or rescinded.That's why I was trying to say, "no motion shall be adopted" to give it a procedural aspect. It prohibits some action, the adopting of a motion, within the meeting context (at least prior to a certain date).Yes, it could be rescinded or amended, but if a special, the vote is not there. Link to comment Share on other sites More sharing options...
Dan Honemann Posted January 24, 2011 at 07:43 PM Report Share Posted January 24, 2011 at 07:43 PM That's why I was trying to say, "no motion shall be adopted" to give it a procedural aspect. It prohibits some action, the adopting of a motion, within the meeting context (at least prior to a certain date).Yes, it could be rescinded or amended, but if a special, the vote is not there.But, as noted, a two-thirds vote will take care of it. Link to comment Share on other sites More sharing options...
George Mervosh Posted January 24, 2011 at 07:46 PM Report Share Posted January 24, 2011 at 07:46 PM Why or why not? (And yes, I can see both sides.)I was going to give the same answer Dan did initially, but the wording of the rule, as you noted too, gives it a procedural aspect, which is clearly (to me) suspendable. Link to comment Share on other sites More sharing options...
J. J. Posted January 24, 2011 at 07:56 PM Author Report Share Posted January 24, 2011 at 07:56 PM But, as noted, a two-thirds vote will take care of it.Just to be clear. A special rule that says the assembly could not do something prior to a specific time could be suspended prior to that time?I'm not disagreeing, just trying to understand it.Conversely, if the rule read No motion shall be adopted to invest Society funds in common stock until December of 2016, unless previous notice is given, that could not be suspended, because of the specific notice requirement. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.