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Karen BennettAdministratorApril 10, 2022 at 10:09 am
PhilR on behalf of Pat Knoll PRP
In response to GibsonT – above.
The subject of obligation re: sufficient notice for binding member motions should always be considered in the context of bylaws, customary practice, and common parliamentary law.
If the bylaws have specific provisions respecting member obligations to provide written notice prior to a meeting, then those provisions, of course, resolve this issue. However, the question of what is applicable if the bylaws require notice for some matters (e.g., bylaws change, etc.) but are silent as to all other matters, is entirely a different matter. By context, and necessary implication, may binding member proposals be offered without notice for those other matters?
And what if the bylaws say nothing whatsoever about any matter of notice for member proposals – proposals that are purportedly advanced as binding?
In both of the latter circumstances a thorough review of the customs of the assembly should be considered. Have such proposals been permitted over the years? Have member motions been permitted absent notice, but nevertheless been accepted as binding – or is the opposite the case? In addition, a thorough review of any (relevant to the enactment) government issued standard set of bylaws might well be be an important consideration – even if the default set has been eclipsed, by an association crafted set.
However, common parliamentary law tends to oblige sufficient written notice prior to a meeting, for a member proposal to be binding on the Board and the association. And, all the more so if the proposal applies to the assets, resources, finances or any vital interests of the association. Member proposals (absent notice) in the way of suggestions, recommendations, perspectives, or concerns, are not relevant to this specific inquiry. But attempting to “slip in” a binding motion of “significance”, relevant to the pecuniary interests of (un-notified) absent members – is, in the context of reasonableness and fairness – verboten.
Pat Knoll PRP, Parliamentarian