Eligibility Votes - March 2022

[Jim Webster]

I actually think this current vote is a breach of the constitution. The constitution cannot be amended outwith an AGM or SGM. To propose otherwise is Executive overreach in my opinion.

The statement above is actually wrong.

There are no mandatory conditions that state the Constitution cannot be amended out with an AGM or SGM.

Constitution extracts

• AGM
  
• 12.9.    Any motion amending the constitution at an Annual General Meeting shall be carried if and only if two thirds or more of the total votes cast assent thereto. Only those motions detailed in the relevant requisition, or minor amendments thereto, shall be discussed and voted upon at the AGM.
  

Comment
The Constitution states Any motion amending the constitution at an Annual General Meeting... 
Importantly, however, if does not say specifically state ALL, or for that matter ONLY, such a motion can or cannot amend the constitution. Nor can I find any such a mandatory statement where it states where the Constitution restricts constitutional changes, additions or removals.

• SGM
  
• 13.2.    A Special General Meeting may be called for the purpose of amending this Constitution, or removing from office and replacing any Council member, on receipt by the Executive Director or President of a requisition detailing the objects of the meeting and the motion(s) to be voted upon.
  

Comment
In this instance the constitution clearly states A Special General Meeting may be called for the purpose of amending this Constitution. The emphasis here is in the word MAY. That constitutes an option of choice rather than MUST which then becomes mandatory.

Both the motions, however still require a 2/3 majority vote.
 
Strictly speaking
·       ‘Must’ always suggests an absolute obligation.
·       Needless to say, ‘may’ suggests discretion