13-04-2022, 02:07 PM
(This post was last modified: 13-04-2022, 02:13 PM by David Deary.)
It has been pointed out to me that Motion 2 is not a competent motion as it does not amend the constitution. See 13.2 of the constitution:
I do take issue with that and I'll explain why. I could propose a motion to amend the constitution to insert a clause to say for example:
"The 2021 AGM will be held by 15th June 2022"
That may well be a competent motion but an incompetent way to treat the constitution. So I don't think it would be appropriate. Unless you could build in almost a secret agent-eque, "this clause will be deleted upon the 2021 AGM being held." That doesn't seem very sensible to me either but I did give it consideration.
My reading of 13.1 is that motion 1 is enough to call the meeting in accordance with the SGM provision. My motion 2 is part of the 'object' of the meeting on bringing about a return to good governance. Motion 2 seeks to express the will of the SGM if it passes, it could be contrived to turn it into a constitutional amendment but I'm not sure I would be comfortable with that. If needs be I would do it reluctantly but it doesn't feel very clever. Open to suggestions?
I had also telegraphed that particular challenge which was why I made the offer to the Executive of holding a combined meeting which would in so doing render motion 2 moot.
I may make amends to the motions, if I do so I will amend the first post but also post a separate post with the rationale and reference that in the original post.
Quote: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. Such requisition shall be signed by at least ten Individual, Club or Affiliate organisations, and shall be accompanied by a remittance determined by COUNCIL from time to time, as stated in the Operating Procedures, but not less than £100, to cover the costs of notifying members of the purpose of the meeting and of holding the meeting. This remittance may be returned in whole or in part at the discretion of COUNCIL.
I do take issue with that and I'll explain why. I could propose a motion to amend the constitution to insert a clause to say for example:
"The 2021 AGM will be held by 15th June 2022"
That may well be a competent motion but an incompetent way to treat the constitution. So I don't think it would be appropriate. Unless you could build in almost a secret agent-eque, "this clause will be deleted upon the 2021 AGM being held." That doesn't seem very sensible to me either but I did give it consideration.
My reading of 13.1 is that motion 1 is enough to call the meeting in accordance with the SGM provision. My motion 2 is part of the 'object' of the meeting on bringing about a return to good governance. Motion 2 seeks to express the will of the SGM if it passes, it could be contrived to turn it into a constitutional amendment but I'm not sure I would be comfortable with that. If needs be I would do it reluctantly but it doesn't feel very clever. Open to suggestions?
I had also telegraphed that particular challenge which was why I made the offer to the Executive of holding a combined meeting which would in so doing render motion 2 moot.
I may make amends to the motions, if I do so I will amend the first post but also post a separate post with the rationale and reference that in the original post.
Growing old is compulsory, growing up is optional!