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

[Ken Moellman]

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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