[OldNorth] illegal bylaw changes
Dan Quickert
dequickert at omsoft.com
Fri May 30 16:38:16 PDT 2003
What I see in this:
(1) The agenda for the meeting of 4/24/03 specifies "By-laws discussion",
and lists two subtopics. It does not, however, specify the content of those
two items; nor does it unambiguously state that there would be a *vote*
taken to actually change the bylaws. There is therefore no possibility of
this agenda conforming to the bylaws relevant to procedures for amendment.
(2) The agenda was not sent out 30 days prior to the meeting. The agenda
has typically been sent out only several days prior to meetings. This also
does not meet technical requirements of the bylaw-changing rules.
(3) It is not clear from the minutes of the meeting whether the intent was
to *actually change* the bylaws via that vote; or whether it was rather a
vote to place those changes before the members.
(4) I conclude that if the vote merely signified the intent to place those
bylaws before the membership (or before the board in a subsequent meeting),
then all is well. However, if indeed the vote was to institute a change in
the bylaws, then John is correct and that action was illegal.
I also note that deadline has passed for putting any bylaws changes to vote
by the members (or Board) at either the June 21st Garden Party or June 26th
Board meeting. There is not sufficient time for the requisite 30 day
notice.
I would suggest that the next meetings be used for discussion and proposal
of any planned bylaws changes, and motions to place them before the
members; and that the vote to institute those changes be made at a
subsequent meeting so that there is ample time for people to consider them
and for due notice. This would satisfy both the letter and the spirit of
the Association bylaws.
I further suggest that any discussion of bylaws amendments be done in an
egalitarian manner, with all participants - Board and public - able to
propose and to participate fully in a *discussion*. I say this to
differentiate from the format that we see at, for example, City Council
meetings -- where the Council hears testimony, members of the public each
get only one statement, then the Council debates and votes. That format
seems to me inappropriate for a neighborhood association that was formed to
foster communication and cooperation. Let's let *everybody* be full
partners in this.
I look forward to working with the neighborhood in the future to help
prevent this kind of snafu. I think we can do that with adequate planning
and with more emphasis on communication than haste.
Dan Quickert
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