Can a ByLaw be violated if errors were made?

[Guest Silvia BIzio]

I am the Parlamentarian of a small non profit award organization. Our by laws state that in order to be eligible for our award a film has to be screened within 7 days from the release of such film in our town. One of the persons in our office gave the wrong information to the studio distributing the film and as a consequence the film was screened after our deadline,  hence  making the film ineligible. The person in the office had told the studio that a film could be screened within 14 days, not 7, from the day of release of the film. Given the circumstances, during  our general meeting the majority of the members voted to make an  exception and allow the film to be eligible, PENDING my analysis of the Roberts Rules to make sure we could do that. I thought that the entire membership, including people not present at the general meeting, should ratify the vote taken at the meeting, and I only thought that perhaps this exception can be made because the mistake was made by one of our people in the office, not by the studio. Does Roberts' Rule allow for extenuating circumstances? What if a mistake is made by one of our members,  should an outsider pay the consequence? I appreciate any input

silvia

[jstackpo]

Looks to me, from what you write (not having read you bylaws in detail at all) that your only recourse will be to amend the bylaws if you want to make a special exception (or a permanent change) to allow the "late-screening" film to become elligible.

[Edgar Guest]

Does Roberts' Rule allow for extenuating circumstances?

 

Most violations of the rules must be objected to in a timely manner (e.g. when they occur) but some violations are so serious that they constitute what's referred to as a "continuing breach" (of the rules) and for these there is no time limit for raising a "point of order" (that a rule has been broken). But no rule has been violated here (unless you go ahead and grant the award).

 

What if a mistake is made by one of our members,  should an outsider pay the consequence?

The oversight might be unfortunate but, as they say, mistakes happen. And the only consequence is that a film didn't get an award it may have deserved. But I think your organization could adopt a resolution praising the film and noting that, but for an administrative oversight, it would have been given the award. 

 

Edited to add: Mr. Stackpole's suggestion (to amend the bylaws) is also an option. This experience may convince the membership that seven days is too short a time. Or not.

[DrEntropy]

 

 

Edited to add: Mr. Stackpole's suggestion (to amend the bylaws) is also an option. This experience may convince the membership that seven days is too short a time. Or not.

 

Also it might convince the membership that such  rules perhaps belong in the standing rules rather then in the bylaws, if you want to have more flexibility in the future. 

[Guest Guest]

thank you for all the good input. I will discuss with the Board of Directors and we will take the appropriate actions.