[Lpk-execomm] Amendment of agenda at last meeting violates bylaws

[Ken Moellman]

I'd like to get a ruling from the chair on this...


Does section 900.5.x violate the Constitution, or did the motion to 
re-arrange the convention agenda violate bylaw 900.5.8?  Because from 
what I can see, it's one or the other.

Also, if 900.5.x violates the Constitution, I think that means section 
1100 violates it as well, since they both affect the conduct of a 
convention, and the Constitution says it's run by RONR except where 
outlined.

It does a disservice to members if we have the wrong (illegal) agenda 
posted to the website. So this needs a ruling.




For reference, here is the constitution, saying that RONR runs 
conventions except the order amendments as outlined in the Constitution:



ARTICLE VII: CONVENTIONS

Section 5. Conduct of Convention

A. Robert’s Rules of Order, shall govern the conduct of all conventions, 
except as set forth in this section;

B. The first order of business shall be the credentialing of all Voting 
Members to the Convention, which shall be determined in accordance with 
the rules established for the convention (which may include, by way of 
example, use of the Membership Committee or a Credentials Committee), 
and the Elections Committee, insofar as voting for nominations for 
candidates to public office are concerned;

C. The second order of business shall be the election of a Convention 
Chair and Secretary; the Secretary shall keep minutes reflecting actions 
taken at the convention. The Chair shall be the Executive Committee 
Chair unless not present, or removed by a three-fifths (3/5) vote of the 
convention body. The Secretary of the Executive Committee shall be the 
Secretary of the Convention, unless not present, or removed by a 
three-fifths (3/5) vote of the convention body, The Chair shall be 
entitled to employ or utilize a parliamentarian to assist on matters of 
procedure.

D. The Party, in Convention, shall have the ability to waive, by 
three-fifths (3/5) vote, any and all formalities, notice requirements, 
and legalities related to any question arising under this Constitution, 
except for questions arising under rules enacted by the Elections 
Committee for nominations for candidates to public office, which 
questions are reserved to the Elections Committee, and is encouraged to 
do so provided such requirements are determined by the Party, in 
Convention, to be substantially complied with.

E. Any nomination of candidates shall be as set forth in Article VIII, 
below, and shall be complied with.






---
Ken C. Moellman, Jr.
LPKY State Party Treasurer

On 2019-01-31 16:12, Ken Moellman via Lpk-execomm wrote:
> Actually, it looks like 900.5 may contain unconstitutional language:
> 
> 
> ARTICLE VII: CONVENTIONS
> 
> Section 5. Conduct of Convention
> 
> Robert’s Rules of Order, shall govern the conduct of all conventions,
> except as set forth in this section;
> 
> 
> 
> The use of the word "shall" means it is not an option.  So if anything
> trumps RONR in Bylaws that doesn't conform to the specific exemptions
> in the Constitution then it's invalid.
> 
> 
> ---
> Ken C. Moellman, Jr.
> LPKY State Party Treasurer
> 
> On 2019-01-31 15:05, Ken Moellman via Lpk-execomm wrote:
>> FYI - here's that language I was concerned about when we discussed
>> amending the agenda:  "The agenda shall be the agenda that was 
>> provided
>> in the notice for the Convention".  We had a vote, but the vote did 
>> not
>> have the vote threshold of 3/5ths under Bylaw 1200 to waive Bylaw
>> 900.5.8.
>> 
>> 900.5.8        The fourth order of business by the Chair shall be
>> presentation of the agenda for additional business.  THE AGENDA SHALL 
>> BE
>> THE AGENDA THAT WAS PROVIDED IN THE NOTICE for the Convention that was
>> given by the Chair of the Executive Committee of the State Party.  The
>> convention body may debate, adopt or amend such agenda, by a simple
>> majority vote.  Once adopted, the agenda may not be modified, or its
>> order of business deviated from, except by a motion to suspend the
>> orders of the day, WHICH MUST PASS BY A 2/3 VOTE.
>> 
>> And there's also a codified 2/3rds threshold.  What if the body wants 
>> to
>> make a motion to suspend only be 60%, or 55%, or even 50%?  We can't
>> suspend the bylaws, so we can't lower that particular codified 
>> threshold
>> even though the body can otherwise adjust any other threshold to
>> suspend.  This is creating a restriction on the body outside 
>> convention.
>> 
>> 
>> Again, I suggest that we should gut bylaw 900.  At a minimum, the 
>> 2/3rds
>> threshold should be removed, and barring other action, the original
>> agenda restored.
>> 
>> --
>> Ken C. Moellman, Jr.
>> LPKY State Party Treasurer
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