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The Notice and the Vote

CA Epsilon - June 13, 2007

Subject to any rules of the organization that provide how a Notice shall
be given, a Notice can be given as follows: (p. 117-118)

1. A Notice must be given at THE previous meeting, not A previous meeting.

2. A Second is not required.

3. If previous notice is given at a meeting (meets more often than quarterly),


it can be given orally unless the rules of the organization require it to be in
writing, which is often the case with notice of amendments to bylaws.

4. Instead of being given at a meeting (meets less often than quarterly), a


notice can also be sent by mail to every member with the call of the
meeting at which the matter is to come up for action, except where the
rules of the organization provide otherwise.

5. The notice becomes invalid if the motion is amended beyond the scope of
the notice (see also §35, §57).

6. When it is too late for renewal, unanimous consent is required to grant


permission to withdraw a motion to Reconsider (p. 306, l. 16-20), or to
withdraw previous notice of a proposed motion requiring such notice.

7. When previous notice has been given, it is usual to wait for the member
who gave notice of these motions to move them; but if he does not, any
member can do so.

8. The prohibition against transacting business in the absence of a quorum


cannot be waived even by unanimous consent, and a notice cannot be
validly given.

9. Motion for which the notice is given should be scheduled as General


Order (p. 578, l. 8-10).

10. Notices can be given at any time. However, it is recommended that the
notice should be given during New Business (p. 577, l. 36 – p. 578 l. 3).

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The Notice and the Vote
CA Epsilon - June 13, 2007

Unless the Bylaws state otherwise, RONR implies that the following require
a Notice, or they may not be adopted. Protect absentee rights? MEM?
1. Election of a chair Pro Tem beyond the current session (page 437, l. 20-
25);
2. Announcement of meetings when the meetings are not schedule under
Standing Rules (page 87, l. 22-27);
3. Fill a vacancy after a resignation (However, not needed after an elected
candidate declines) (page 557, l. 17-19).

----------------------------

A Notice is not necessary under certain conditions:


1. Move to Reconsider;
2. Election of another candidate if the elected candidate declines to serve;
3. Call an adjourned meeting.

----------------------------

Form for Giving a Notice (Page 117-118):


1. EITHER
MEMBER A (obtaining the floor): I give notice that at the next meeting I will
move to rescind the resolution adopted April 17, 2007, relating to . . .
CHAIR: Notice has been given that at the next meeting . . . [repeating the
substance of the notice. The secretary records the notice in the minutes.]

2. OR
If the member desiring to give the notice is unable to obtain the floor, the
following variations in form can be used as appropriate to the case:
MEMBER A (rising and addressing the chair immediately after the chair has
recognized another member, Mr. Y, and before the latter has begun
to speak - or remaining standing if he has just sought the floor
unsuccessfully): Mr. President!
CHAIR: For what purpose does the member rise?
[or, if Member A has remained standing after seeking the floor, "For what
purpose does the member address the chair"]?
MEMBER A: I wish to give notice of the following amendment to the bylaws: "To
amend Article II, Section 3, by . . . "
CHAIR: Notice has been given of the following amendment to the bylaws: . . . Mr.
Y has the floor.

a-mem; b-2/3 or mem; c-2/3; d-maj; e-2/3 or mem; f-maj

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The Notice and the Vote
CA Epsilon - June 13, 2007

The Effect of a Previous Notice on the Vote


Entire Membership = board, committee, delegates, assembly

A. Common:
1. Majority vote in presence of a required Notice
2. 2/3 Vote in absence of a required Notice

Example:
1. Standing Rules
2. Many more

B. Stricter (page 116, l. 21-32):


1. Majority vote in presence of a required Notice
2. 2/3 Vote in absence of a required Notice
3. Majority vote of the entire membership in absence of a required Notice

Examples:
1. Rescind
2. Amend Something Previously Adopted
3. Discharge a Committee
4. Correct the Minutes
5. Share the Minutes
6. Postpone an event or action previously schedule

C. Strictest (page 86, l. 7-17):


1. 2/3 vote in presence of a required Notice
2. Majority vote of the entire membership in absence of a required Notice

Examples:
1. Constitution
2. Bylaws
3. Special Rules of Order
4. Rules of Order
5. Establish a new Standing Committee
6. Merge or dissolve an unincorporated society

But Sturgis: No exceptions except waiver by MEM (page 102-105; 207).

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The Notice and the Vote
CA Epsilon - June 13, 2007

Questions:

1. In what part of the agenda should I be allowed to give a Notice?

2. If I give a Notice to propose an amendment to the bylaws, where will this


motion appear on the next month’s agenda?

3. What is the difference between the Scope of a Special Meeting and a


Notice of a Special Meeting?

4. A notice is required announcing a motion on the next meeting. One


person was never sent a notice. A majority vote is required for adoption.
100 voted. The result was 60 for, and 40 against. Is the motion adopted,
or is the vote null and void?

5. Notice was sent with insufficient postage. Motion Null and Void?

6. Motion was sent to last known address of member who had moved and
not updated the society of his address. Motion Null and Void?

7. What is the necessary vote …


a. To amend a bylaw in the absence of a Notice?

b. To amend an adopted motion in the absence of a Notice?

c. To create a Special Order in the presence of a Notice?

d. To rescind an adopted motion in the presence of a Notice?

e. To rescind a motion that the bylaws require more than a majority to


adopt but no Notice is given?

f. To move to Reconsider a vote?

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