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Adopted motion that may be in violation of bylaws


bcstewart@suddenlink.net

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Can the Chair suspend an adopted motion that may violate the bylaws?  The motion that was adopted may or may not be a "policy statement."  Until the definition of a policy statement is determined, the Chair would like to suspend the decision and any action. 

The Board meeting via conference call was Thursday night, so it is too late to reconsider the motion.

 

Our bylaws state that a unanimous decision is required for policy statements.  While there was a clear majority, this was not a unanimous decision.  

 

Without getting too specific, the motion reads, "I move that the (named org) join the (another org.) in support of House bill __ and Senate bill ___."

 

A Board member read a definition and it made it sound like it was not a policy statement.   Another definition did make it sound like a policy statement, but the Board did not vote on which definition to use.

 

Is there a definition for policy statement that is commonly accepted and what is the source?

 

If this is in violation of the bylaws, what do we need to do to rescind or void this motion?

 

Thank you!

 

 

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Apologies for deleting my post. I'm trying to kick the habit but it's not easy.

 

And by "the habit" I'm not referring to deleting posts but rather to posting in the first place.

 

Well, tomorrow is Easter; as good a day as any to try to make a new beginning.

 

Well, you can delete whatever you want, but please don't get out of the habit of responding to questions.

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Can the Chair suspend an adopted motion that may violate the bylaws?  The motion that was adopted may or may not be a "policy statement."  Until the definition of a policy statement is determined, the Chair would like to suspend the decision and any action. 

No. The chair could rule the motion null and void, but that would need to happen at a board meeting, and I don't think the motion is null and void anyway.

Is there a definition for policy statement that is commonly accepted and what is the source?

No.

How do we determine if the Chair's announcement of the vote was or was not in error?

Well, it seems like you'll need to determine whether the motion is a "policy statement." See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation for bylaws.

If this is in violation of the bylaws, what do we need to do to rescind or void this motion?

Even if the chair's announcement was in error, the motion is valid. A Point of Order regarding the chair's incorrect declaration of the result needs to be raised at the time. It's too late now.

The board may Rescind the motion if it wishes. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice. If it is determined that the motion is a policy statement, then it may be a question of interpretation to determine whether the rules in the bylaws on this subject also apply to rescinding such statements.

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