Proposal 2 Amendment #1

Posted by October 7, 2020 in 2020 Convention

 

The proposed amendment you see here plus several other attempts at language intended to accomplish the same basic idea have been submitted to Ann Homer, GSUSA parliamentarian.  No matter what the wording, she has stated that the amendments proposed are out of order, in this last case because “this first sentence again says “primary” and there is not primary or secondary authority over anything.” In earlier correspondence she has said that either the National Board or National Council has authority or it does not, and she has not accepted any language or approach to this compromise position.  Nor has she been willing to work with us to develop language that captures the essence of this proposal:  a compromise position where the National Council retains the major responsibility/authority to set dues but can also delegate some of that responsibility/authority to the National Board, which then must work within whatever guardrails set by the National Council.  We do not understand or agree with her position, but due to her opposition and unwillingness to consider our positions, we believe continuing to pursue this idea further is a fruitless effort.   Those of us who believe this compromise is viable and would be a good approach for our Movement are deeply saddened by the opposition we have encountered to getting this on the floor for delegates to consider and debate.  

The original proposal wording is in green.  The amended text is in blue.

To amend Article IX (Membership Dues) of the Constitution as follows:

Every person accepting the principles of the Girl Scout Movement and desiring to be a member of the Girl Scout Movement in the United States of America shall pay annual, lifetime, or other applicable membership dues to Girl Scouts of the United States of America. Dues are set by the National Council or the National Board.  With due regard for its position as the coordinating head of the Girl Scout Movement in the United States, the National Council has primary authority for setting membership dues. The National Board may make changes in membership dues only as explicitly authorized by majority vote of the National Council, meeting in regular or special session.

The National Board shall implement procedures for communicating with and seeking input from Girl Scout councils and National Council delegates prior to any membership dues change by the National Board.

Rationale:  This amendment to Proposal 2 is in essence a compromise that links Proposals 2, 3, and 4. Proposal 4 states, “The National Board of Directors must seek approval from the National Council whenever a planned dues increase will result in dues increasing more than a total of 25% in any one triennium.”  Proposal 4, which clearly limits but does not remove the National Board’s authority to set dues, was placed on the NCS agenda by Girl Scouts of Greater Chicago and Northwest Indiana and the councils which endorsed their proposal, per the provisions in Article VI, Section 1.b of the GSUSA Constitution.  Although the National Board initially recommended against adoption of Proposal 4, the National Board now supports Proposal 4 for reasons stated in the NCS Workbook Supplement dated September 10, 2020.

Given that the National Board now fully supports the idea of limitations on its authority to set dues unilaterally, an amendment to Proposal 2 to clarify the roles of the National Council and the National Council in setting dues is both logical and necessary.  It is logical because the National Board is already on record as supporting a proposal which sets limits to its authority to set dues.  It is necessary because adoption of this amendment, followed by adoption of the amended proposal by the National Council, makes it clear that the National Council is the primary governing authority on dues and gives the National Board the ability to enact dues increases as long as those dues increases are within the parameters set by the National Council.  The fact that the Constitution currently does not explicitly authorize the National Board to set dues led to a lawsuit by Farthest North Girl Scout Council.  In that lawsuit, the Alaskan Supreme Court unanimously ruled that only the National Council has authority to set dues under existing law and the current GSUSA Constitution.  Unless our Constitution is clarified by action of the National Council, the Movement risks future lawsuits filed by other councils.  Those who propose and support this amendment believe that continuing dissension and possible future lawsuits are to our Movement’s ultimate detriment.

This proposed amendment is a reasonable compromise between those who wish to see dues set by the National Council and those, now including the National Board, who believe it is appropriate for the National Board to have the ability to set dues increases so long as such increases fall within limits set by the National Council.

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