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  1. Greetings, I belong to an organisation which has a fairly simple set of Bylaws, which include the statement : <Start> RULES OF ORDER Robert’s Manual or Cushing’s Manual shall govern all other rules pertaining to the transaction of the business of the <organization>. <End> However, following the actual Bylaws, is an insert (in the same booklet) Entitled "House Rules". The "House Rules" includes the following entry: <Start> Any member or Officer of the <organisation>. may be fined, removed, suspended, or expelled from his office or the <organization>, or from both, for any of the following causes: 1. Dishonesty, immoral conduct, intoxication, quarreling, or tending to reflect discredit upon the <organization>. 2. Violation of all or any part of the membership obligation. The Governing Board has full authority and is required to strictly enforce the foregoing rules. <End> While the reference to " Robert’s Manual or Cushing’s Manual" is a bit dated, the membership accepts that the current RONR is the authority intended. With that said, I have the following question: 1) Do the "House Rules" override RONR? The question arises due to a decision of the Governing board to remove a member from the <organization> without a vote from the membership. . It is their opinion that the "House Rules" apply, and not RONR...And as such, four (4) people (based on our Governing Board quorum) have the ability to deprive a member of their membership without consulting the general membership at all. At least, this is the Governing Board's interpretation of the situation. Thank you in advance for your assistance with this question!
  2. Our bylaws read: "Any Member seeking a constitutional office must be a Member of the Association for 1 year and must notify the Election Officer in writing (via Letter of Intent) no less than sixty days before the election , stating the position he/she intends to seek and the Election Offiers must certify, through the records of the Financial Officers, that said member has been "financial" at least ninety days prior to filing to run for said office. During our last election there was one "open" position was available and a Members name was written in by two voting members. Some on the Board and Executive Committee, and one our attorneys argued that the "write-in" was not valied because of the language above. I reminded them that in our bylaws it clearly states that we are also"governed by Robert's Rules of Order and I stated to them that "A write-in candidate is one in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the persons name. There is nothing in our bylaws that either permit nor prohibit write-ins. Am I missing something? Am I correct in my interpretation that the write-in is valid?
  3. Our faculty charter & bylaws allow the Faculty Advisory Committee (FAC) to recommend charter/bylaw amendments to be ratified (or not) by the faculty as a whole. The charter and bylaws do not specify whether or not proposed amendments must be submitted for ratification individually, or if proposed amendments could be submitted for ratification as a "slate" to be voted up or down in its entirety. I'm new in the Parliamentarian position, and I need help... I am given to understand that the FAC would prefer to recommend a slate of amendments rather than individual amendments. It seems to me that if that's what they wish to do, then they could. Our charter states only that " Any proposed amendment(s) to the charter must be presented in writing to the faculty of the College of Music at least fourteen (14) class days before faculty discussion and subsequent balloting at a special meeting of the faculty." There is just no mention of slate vs. individual. Am I off-base, here? Can the FAC recommend a slate of amendments, or must they recommend individual amendments? Thanks in advance!!!
  4. Assume: Bylaws require only previous notice of amendment, without limitation of the period within which it must be acted upon (i.e., ordinary Robertian notice; no readings; no delays). Assume: In January, the general membership creates a Bylaw Committee. The charge of the Bylaws Committee is to create a full revision of the bylaws. The general membership fixes a "rush" deadline for the final report of the Bylaws Committee -- namely, the next regular meeting (February). Question: May the general membership act upon (adopt!) the revision in the February meeting (i.e., the same meeting as the final report of the Bylaws Committee)?
  5. The process for amending the bylaws in the organization state that, unless otherwise specified, the amendment becomes effective upon publishing of the amended bylaws. Past precedent has had bylaws that have had certain effective dates (the bylaw states that it becomes effective on January 1, 2012), but I have not seen any bylaws listed with an event triggering the amendment. I'm still working on the dissolution of the church...they have retained a lawyer who has said the process starts with the resolution to dissolve in their elder board. Further discussions with the lawyer have given the implication that the board will still need to be active and empowered until the dissolution is complete. How does one write the amendment so the board has accepted the amendment and still has authority until the dissolution is complete?
  6. I am a 'member' of a fraternal 501c3, formed in 1960, there are no signed, dated, sealed bylaws in existence. The document they use is undated, unsigned, multi font, with no page numbers. The process for amendments in that document is: "ARTICLE X - AMENDMENTS TO BYLAWS; SECTION 1. Amendment Process. Alterations or amendments to, or the repeal of the existing By-Laws or the adoption of new By-Laws may be considered at any Annual or Special Meeting of the Members of the Foundation and become effective if two-thirds (2/3) of the Members at such meeting, either present in person or represented by proxy, vote in favor of such changes in the By-Laws. Such changes may be made at any Annual or Special Meeting of the Members provided that notice of the proposed alteration, amendment, repeal of an existing By-Law, or adoption of a new By-Law has been given to the Members of the Foundation at least sixty (60) days before such meeting of the Members of the foundation called for such purpose. All such notices contemplated shall be considered given if sent by regular mail of the United States Post Office or duly published in..." (the parent organizations official publication). The parent organization members (who are members of the foundation) at a semi-annual meeting of the parent governing board passed: 1) a total rewrite of the bylaws; 2) a motion to print in official publication 3) a motion to repeal the existing bylaws; 4) a motion to notify the foundation trustees by US Mail, return receipt the proposed bylaws, list of motions and publication timeline deadline. The foundation is declaring their one change is the ONLY one that will be voted upon. The parent organization was formed in 1923. To be member or officer of the foundation formed in 1960 one has to be member of a club in good standing of the parent organization. Both are separate non-profit corporations founded in MO. Both are totally separate except for the membership requirement. QUESTIONS: There is nothing in the current "bylaws" requiring trustee approval etc. so can they just ignore what appears to be 'properly' presented full revision? FYI - there was a trustee present at the parent meeting representing the foundation chairman but "everything was above his pay grade." Assume their one amendment is voted down. The total revision version would be voted on next. If adopted, then vote on repeal of the undated/unsigned version? OR Their version voted down. Vote on the repeal of the unsigned/undated version. Then vote on total rewrite of bylaws? Or something else? i could not find anything in the Robert's Rules of Order dealing with any of this. Lastly, does the rewrite version have to have changes highlighted/different color of font etc.?
  7. Can an organization's executive board vote in 2 co-chairmen of a standing committee? The bylaws say there will be "a chairman" of each standing committee. ----Note: I don't see how 2 people could preside, but that's not the initial question.
  8. What is the difference between bylaws and ground rules? Are they simailar terms? Are they interchangeable?
  9. Guest

    amending bylaws

    My church has the following articles in our bylaws about amending them. We have a differing of opinion about their interpretation. Can someone please help? A7.01. Bylaws may be adopted or amended at any legally called meeting of this congregation with a quorum present by a majority vote of those voting members present and voting. A7.02. Changes to the bylaws may be proposed by any voting member provided, however, that such additions or amendments be submitted in writing to the Congregation Council at least sixty (60) days before a regular or special Congregation Meeting called for that purpose and that the Congregation Council notify the members of the proposal with its recommendations at least thirty (30) days in advance of the Congregation Meeting. Assuming the meeting meets the requirements in A7.01, can changes be proposed verbally at that meeting and voted on at that same meeting? Or, as stated in A7.02, can changes only be made in writing 60 days in advance of the meeting and the council has to publish the changes 30 days before the meeting. So the proposed changes have to "sit" for 30 days without any changes.
  10. I am the president of a non-profit group that will be holding an election of officers at the next meeting. Several members of the group are wanting to amend the bylaws to make certain individuals eligible to hold office that currently are not eligible. They would also like to change the voting process to secret ballot rather than verbal. They want to do all this before the election is conducted. The election would be considered old business and the changing of the bylaws would be new business. Is there a ruling that allows us to change the order of business and how would I proceed?
  11. Can the board of directors create rules for themselves? Example, make a rule that not one person cannot write checks for themselves. At least until the board approvals to add to the bylaws. Or does everything need to be approved, bylaws has nothing that says be we can or can't.
  12. My organization typically presents bylaws changes to the membership by showing the section to be changed with the revision indicated by crossed out and inserted text. We would like to change a term in our bylaws that is used many times throughout the document. Must we present each section to be changed or may we make a general motion to change A to B throughout the bylaws? Thanks in advance for your advise.
  13. Forgive me if this has been discussed previously in other topics, like this one I found here: I'm in the middle of writing a set of a bylaws for a corporation. I'm trying to write a clause that clarifies that RONR is indeed the set of rules to follow for all meetings but then noticed that there is also discussion of a set of succession rules that must be followed? Hoping that someone can help me clarify if this meets what I'm trying to convey. (I understand this isn't a law forum and wouldn't ask for that here.) Thanks for reading.
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