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Bylaws and Suspend the Rules


Jim Anderson

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In my review of RONR, it is my understanding that it is never in order to suspend the rules in bylaws unless provisions for suspension are included for a particular rule or are clearly in the nature of a rule of order.

 

I take this to mean that even a Board who has the authority for governing the maintenance and operations of the club in regard to functions and activities, cannot suspend the rules and make changes to our bylaws without due process of membership ratification.

 

During a bylaws committee meeting, one of the members made a statement to an officer of the club that the Board had a right to suspend the rules and make summary changes to the bylaws and/or special rules if they felt the need to do so in order to fulfill their obligations in operations of the club. I disagreed with this statement however no real consensus was gained on the subject.

 

My question then is, would the Board have this right even though our bylaws clearly state revisions to bylaws must be ratified by 2/3 vote of the membership at a general meeting?

 

Thank you

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Can the board & officers make a motion and approve it when the motion is in direct violation of the club's C & BL?

 

They can but such a motion would be null and void (once it's declared to be null and void). It might even be null without being void. Or vice versa.

 

By the way, this forum works best if you'll post your new question as a new topic, even if you find an existing topic that's similar. Think of this as Mr. Anderson''s topic. He of the apostrophic surname.

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In my review of RONR, it is my understanding that it is never in order to suspend the rules in bylaws unless provisions for suspension are included for a particular rule or are clearly in the nature of a rule of order.

 

I take this to mean that even a Board who has the authority for governing the maintenance and operations of the club in regard to functions and activities, cannot suspend the rules and make changes to our bylaws without due process of membership ratification.

 

During a bylaws committee meeting, one of the members made a statement to an officer of the club that the Board had a right to suspend the rules and make summary changes to the bylaws and/or special rules if they felt the need to do so in order to fulfill their obligations in operations of the club. I disagreed with this statement however no real consensus was gained on the subject.

 

My question then is, would the Board have this right even though our bylaws clearly state revisions to bylaws must be ratified by 2/3 vote of the membership at a general meeting?

 

Thank you

 

Your understanding is correct.  Even the membership cannot summarily change the bylaws under that silly excuse.  And if the membership does not have that power, there is no way they could delegate it to the board.  

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