Resolution 48-01: Amendments
Proposed by: DAVID A. GRINDLE, PGIM, ID; WILLIAM G. SNYDER, PGIM, MO; G THOMAS TAYLOR III, PGIM DE
STATEMENT OF THE SPONSORS FOR RESOLUTION 48-01
Background: In preparing Bylaws Amendments for the 2020 Virtual Triennial in September, we noticed that the existing Bylaws (Section 802) states that “Amendments to these By-Laws shall be presented and acted upon as provided in ARTICLE XI of the Constitution.”
There is not and never has been an Article XI in the Constitution. While one can use various means of construing away a typographical error, there is some doubt about the amendment of Bylaws in these circumstances. Our Jurisprudence Committee has suggested a more cautious approach.
Secondly, we found if you strictly construe its terms: The Constitution could only be amended “at a Triennial Assembly.” (Article X, Constitution).
Unlike the General Grand Chapter and the Grand Encampment, the General Grand Master could not call a Special to specifically consider Amendments to either the General Grand Council’s Constitution or its Bylaws.
It appears that the General Grand Chapter once faced this same conundrum and amended its Constitution, Article VI, to provide that: “Amendments to the Constitution or Standing Regulations may be made at any Triennial or Special Convocation as provided for as follows: ” (See General Grand Chapter Constitution, Article VI, Section 600.00).
The intention of this Amendment is to place most, if not all, of the procedures for submission and consideration of any Amendment to the Constitution or Bylaws in one section of the Constitution, correctly numbered and identified, thus eliminating confusion, and to permit the General Grand Council to conduct its legislative business in the same manner as the General Grand Chapter.
This also provides for unanimous consent for consideration of Emergent Legislation as can be used under the General Grand Chapter Constitution (See General Grand Chapter Constitution, Article VI, section 604.00).
Article X be deleted in its entirety and replaced with the following:
Proposed to Read:
Section 1001. This Constitution may be amended at any Triennial or Special Assembly by a three-fourths (3/4) vote provided the procedures of Section 1002 for submitting the Amendment are followed. Amendments will become effective at the close of the Assembly unless moved to take effect immediately by unanimous vote.
- By a General Revision—By a general revision of the Constitution/Bylaws when ordered by the General Grand Master who will appoint a Special Committee. This Committee shall submit its report upon completion to the Jurisprudence Committee at least 12 months prior to a legislative session of the General Grand Council. Jurisprudence shall report thereon at the General Grand Council. At least eight (8) months prior to the Assembly, this revision will then be submitted to the Grand Recorders of the Constituent Grand Councils and the Recorders of the Constituent Councils for distribution to the General Grand Council Membership.
- By Amendment to Specific Articles or Subdivisions of the Constitution/Bylaws—By an amendment proposed in writing, submitted in triplicate, and signed by three (3) members of the General Grand Council of Cryptic Masons, International. These Amendments will be submitted to the General Grand Recorder and the Jurisprudence Committee a minimum of six (6) months prior to the Assembly. At least five (5) months prior to the Assembly, these Amendments will then be submitted to the Grand Recorders of the Constituent Grand Councils and the Recorders of the Constituent Councils for distribution to the General Grand Council Membership. (Floor motions to confer honorary membership or of gratitude for services rendered and/or acts performed are not required to follow these procedures.)
- By Housekeeping Changes—Spelling, Grammar, or Reference Errors will be corrected as they are noted, and a complete list of these changes will be kept by the General Grand Recorder. In preparation for a Triennial Assembly, the list of these changes will be provided to the Jurisprudence Committee two (2) months prior to the Assembly for inclusion in their report.
- Format for Proposed Amendments
- Proposed legislation will start with a heading that cites the Title of the Section of the Constitution proposed for change, and the Triennial year it is to be considered.
- Those proposing amendments then would provide a “Rationale” portion to the proposal explaining the reasons for the proposed change.
- The legislation will then list the “Now Reads” portion of the proposal with the entire Section as is currently written in the Code.
- Legislation will then present the “Proposed to Read” portion in the following manner
- The “Proposed to Read” will again list the entire Section under consideration.
- If there will be no changes to a paragraph or subdivision the text of that paragraph or subdivision will NOT be written out as in the “Now Reads” portion. Instead, the number of the paragraph or subdivision will be listed and the notation, “No change to this paragraph” or “No change to this subdivision” will be made.
- If a change within a paragraph or subdivision deletes any text the existing text with strikethrough. [example]
- If a change within a paragraph or subdivision adds text to the existing text, indicate said change by underlining the new text. [new example]
- The strikethrough and underlining will not appear in the revised Constitution if the legislation passes. These formats are utilized only to facilitate understanding of the proposed change to the Section of the Constitution/Bylaws.
- Legislation will then present an “As Intended to Read Section” as it will be in the final document.