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KA PAIO HANOHANO
The Honorable Struggle

Scope of Notice for Changes to Previous Decisions by an Organization

8/21/2019

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By Keokani Kipona Marciel, Professional Registered Parliamentarian


Under general parliamentary law, a change to a previous decision of a deliberative organization can be adopted with previous notice by a majority vote, or without previous notice by a two-thirds vote or a majority of the entire membership. Amendment of bylaws are an exception because they usually require previous notice and a two-thirds vote at a regular meeting (or a convention of delegates for amendment of association bylaws). When previous notice is required to change a previous decision, the amendment is not allowed to exceed the extent of change proposed in the notice.

For example, the bylaws of an organization prescribe annual dues in the amount of $20 per person. A member gives previous notice to increase the dues to $30. During consideration of that motion during the next regular meeting, it would be in order to decrease the proposed amount to $25, because it is between the existing amount and the amount proposed in the notice. However, it would not be in order to change the amount to $35, because it exceeds the amount of change originally proposed. Nor would it be in order to decrease the dues to $15, which is below the range between the current amount and the amount proposed in the notice. Likewise, it would not be in order to rescind the bylaw provision entirely, because that exceeds the extent of change proposed in the notice. Rescinding the entire article, for example, would be greater than the amount of change from amending one word in a section of that article.

Parliamentary References


No amendment is in order that exceeds the scope of what was stated in the notice.
—Riddick, F. M. & Butcher M. H. (1985). Riddick's rules of procedure: A modern guide to faster and more efficient meetings (p. 37). New York, NY: Charles Scribner's Sons.

No amendments to a pending proposed amendment are in order which propose a change greater or less than the range covered in the existing bylaw and the proposed amendment.
—Demeter, G. (1969). Demeter's manual of parliamentary law and procedure: For the legal conduct of business in all deliberative assemblies (blue book ed., § 14, II, p. 189). Boston, MA: Little, Brown and Company.

When notice of a bylaw amendment is given, all members have the right to rely on that notice and to know that, whether or not they attend the meeting, nothing can be adopted that is more drastic or more restrictive than the proposal for which they received notice.
—​Cannon, H. (2001). Cannon's concise guide to rules of order: The modern approach to holding successful meetings (§ 5, pp. 71-72). San Jose, CA: Author's Choice Press.

... when previous notice is a requirement for the adoption of a motion to rescind or amend something previously adopted, no subsidiary motion to amend is in order that proposes a change greater than that for which notice was given.
—Robert, H. M., III, Honemann, D. H., Balch, T. J., Seabold, D. E., & Gerber, S. (2011). Robert's rules of order newly revised (11th ed., §​ 35, p. 307, ll. 30-34). Boston, MA: Da Capo Press.

No amendments to a pending proposed amendment are in order that propose a change greater or lesser than that of the existing bylaw in the opposite direction from the proposed amendment.
—American Institute of Parliamentarians. (2012). Standard code of parliamentary procedure (§​ 26, p. 244). New York, NY: McGraw-Hill.

Ka Papa Hana Hoʻomalu | Parliamentary Procedure 101

Committee Meetings Without a Chair
Nā Hālāwai Kōmike

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    KA PAIO HANOHANO
    THE HONORABLE STRUGGLE


    NO KA MEA KĀKAU
    ABOUT THE AUTHOR

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    He Hawaiʻi Aloha ʻĀina au, mau a mau, he mamo haʻaheo a kuʻu tūtū wahine nui ʻelua, Loke Kaʻilikea, no Kaupō, Maui, Ko Hawaiʻi Pae ʻĀina
    Keokani Kipona Marciel is a great-great grandson of Loke Kaʻilikea (1857-1914), of Kaupō, Maui, who signed the historic Petition Against Annexation in 1897, which defeated the proposed treaty of illegal annexation of the Hawaiian Islands by a foreign country in 1898. Inspired by that legacy, Keokani is a founding member of Pilina Aloha ʻĀina Kauʻāina (International Hawaiian Patriotic Union).

    Keokani is a Professional Registered Parliamentarian accredited by the National Association of Parliamentarians, and is a member of the American Institute of Parliamentarians. He currently serves as the Parliamentarian for the National Education Association of Southern Nevada.

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