GIVE THE CONVENTION AUTHORITY TO AMEND BY-LAWS
THE PROBLEM
There are three sets of rules that all Equity members agree to abide by: those found in Equity's Constitution, those found in Equity's By-Laws, and those found in Equity's Compendium of Council Rules.
Before the advent of Equity's Convention, all of these rules could be changed by the National Council, though by various means. The Constitution was the hardest to change—requiring a member referendum—because it's the foundational document upon which all of the union's functions rest. The By-Laws were also difficult to change, but with a lower threshold than the Constitution. And Council rules were the easiest to change, simply requiring a majority vote of the Council.
When the Convention was created, the methods changed. Convention Delegates were empowered to amend various parts of the Constitution, notably without a member referendum. Delegates were also given authority amend Council Rules. However, the Convention was left without any authority to amend Equity's By-Laws. I believe this was an oversight, and one that can easily be corrected by a constitutional amendment.
Before the advent of Equity's Convention, all of these rules could be changed by the National Council, though by various means. The Constitution was the hardest to change—requiring a member referendum—because it's the foundational document upon which all of the union's functions rest. The By-Laws were also difficult to change, but with a lower threshold than the Constitution. And Council rules were the easiest to change, simply requiring a majority vote of the Council.
When the Convention was created, the methods changed. Convention Delegates were empowered to amend various parts of the Constitution, notably without a member referendum. Delegates were also given authority amend Council Rules. However, the Convention was left without any authority to amend Equity's By-Laws. I believe this was an oversight, and one that can easily be corrected by a constitutional amendment.
THE SOLUTION
Equity's National Convention should be given the authority to amend appropriate sections of the union's By-Laws, using mechanisms already in place for amending the Constitution.
PROPOSED amENDMENTS TO ARTICLE 7
OF EQUITY's CONSTITUTION
Article 7, NEW Section 1(c)
The Delegates voting at the Convention shall have the authority to repeal or amend existing By-Laws, and to create By-Laws, subject to Sections (c)(1) and (c)(2) below:
Article 7, NEW Section 1(c)(1)
The By-Laws may be amended by a two-thirds (2/3) vote of the Delegates voting at the Convention, provided that the Delegates have received at least thirty (30) days’ notice of the proposed amendments. A proposal to amend the By-Laws at the Convention shall be acted upon if a petition signed by twenty percent (20%) of the Delegates has been submitted to the Executive Director at least forty-five (45) days before the Convention. Upon receiving such resolution or petition, the Convention shall consider the proposed amendment to the By-Laws.
Article 7, NEW Section 1(c)(2) and 1(c)(2)(1-4)
Notwithstanding anything to the contrary contained in this Constitution, the Convention shall not have authority to amend the following provisions of the By Laws:
(1) Article 2
(2) Article 3
(3) Article 6, Sections 2 & 3
(4) Article 10
