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bylaws committee of the board


Guest loreen

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all amendment go to the membership for final approval but a member is saying our working rules can not specify "approval" by the board before going to the membership

my thought is since the committee is charged by the board to review and suggest needed amendments - it is proper for them to approve/ modify those sugestions

I know that any member can propose amendments and the board must mosve them forward but this is a bylaws committee charged by the board

I need to respond to the member who say or working rules can not require approval by the board even when it is the committee they charged with review of bylaws

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long established association  - does an appointed bylaws committee of the board present proposed changes to the board for approval or simply for review?

working rules say for approval

 

What are these "working rules" that you refer to?  Who (what body) adopted them?  By virtue of what authority?

 

What do your bylaws say about the process of amending the bylaws?

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bylaws say all amendments will be sent to board for review

working rules are the governing rules of board functioning and are created/amended by board only

 

Sending something to a board or committee for review is not the same thing as sending it to a board or committee for approval.

 

You are still giving us only very limited information, but I interpret what little you have given us as meaning that the Board reviews proposed bylaw amendments and can make recommendations and suggest amendments, but that approval of the board is neither required nor proper.  The final decision rests with the membership.  I don't see anything based on what you provided that gives the Board the power to veto a proposed bylaw amendment or to stop it from going to the membership.

 

However, we cannot interpret your bylaws.  That is something that only your membership can do.

 

It is not permissible for the Board to give a committee more power than the Board itself has.

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BYLAWS say

all amendments will be sent to board for review

 

[. . .]

WORKING RULES say

for approval

 

WORKING RULES

are the governing rules of board functioning and are created/amended by board only.

[. . .]

 

Does an appointed bylaws committee of the board present proposed changes to the board for

(a. ) approval, or

(b.) simply for review?

 

 

If you obey your bylaws, then the anwer is "review".

If you obey your working rules, then the answer is "approval".

 

Where there is a CONFLICT between rules,

then the superior rule prevails,

as the inferior rule yields.

 

Bylaws are superior to working rules.

Therefore, the amendments are for review only when the board entertains the amendments.

 

That's just logic, based on your own words.

I didn't have to interpret any rule.

You did the interpretation.

 

So far, there isn't any question concerning Robert's Rules of Order.

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all amendment go to the membership for final approval but a member is saying our working rules can not specify "approval" by the board before going to the membership

my thought is since the committee is charged by the board to review and suggest needed amendments - it is proper for them to approve/ modify those sugestions

I know that any member can propose amendments and the board must mosve them forward but this is a bylaws committee charged by the board

I need to respond to the member who say or working rules can not require approval by the board even when it is the committee they charged with review of bylaws

 

bylaws say all amendments will be sent to board for review

working rules are the governing rules of board functioning and are created/amended by board only

 

Your bylaws take precedence over the working rules. So if the bylaws provide that the board only has the authority to review the proposed changes, then that's that. See RONR, 11th ed., pgs. 12-15.

 

I'd agree that since the bylaws committee appears to be a committee of the board, this doesn't make a whole lot of sense, so perhaps this is one amendment to look into. :)

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