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By-Laws vs. Board Policy


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Ok so for an example.

The by-laws state "All rights to televise, videotape, advertise, photograph, promote or otherwise exploit this event are vested in the clubs, or persons to whom assignments of such rights have been made in writing."

The Board Policy states "The Board shall develop and publish specific and mandatory contractual requirements governing the conduct of all persons engaged in the commercial filming and/or electronic transmission of AKC-approved dog events. The clubs holding these AKC-approved events are responsible for enforcing these requirements, and are prohibited from entering into any contract which would place them in violation of these requirements."

Doesn't that policy conflict with the by-laws.

Especially when the club is an independent corporation?

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Ok so for an example.

The by-laws state "All rights to televise, videotape, advertise, photograph, promote or otherwise exploit this event are vested in the clubs, or persons to whom assignments of such rights have been made in writing."

The Board Policy states "The Board shall develop and publish specific and mandatory contractual requirements governing the conduct of all persons engaged in the commercial filming and/or electronic transmission of AKC-approved dog events. The clubs holding these AKC-approved events are responsible for enforcing these requirements, and are prohibited from entering into any contract which would place them in violation of these requirements."

Doesn't that policy conflict with the by-laws.

Especially when the club is an independent corporation?

The power of the board should be spelled out in the bylaws. And an effort to determine the meaning of bylaws requires them to be read in their entirety, which is beyond the scope of this forum.

Any action taken in conflict with the bylaws is null and void.

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Ok so for an example.

The by-laws state "All rights to televise, videotape, advertise, photograph, promote or otherwise exploit this event are vested in the clubs, or persons to whom assignments of such rights have been made in writing."

The Board Policy states "The Board shall develop and publish specific and mandatory contractual requirements governing the conduct of all persons engaged in the commercial filming and/or electronic transmission of AKC-approved dog events. The clubs holding these AKC-approved events are responsible for enforcing these requirements, and are prohibited from entering into any contract which would place them in violation of these requirements."

Doesn't that policy conflict with the by-laws.

Well, presuming those contracts are done in writing, where do you think the conflict is?

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Even so, the authority to make it up as they go along comes from the Bylaws. Board policy still cannot supercede the Bylaws.

Yes it can, in matters placed exclusively under the control of the board, by the constitution, the articles of incorporation, the rules of a parent organization, or any other higher governing document.

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