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Standing Rules Contradict One Another


Guest Maria

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Good morning,

 

Quick question:  We recently hosted our association's annual conference and all appointed officers and chairs are "officially" called to conference.  The conference chair is on the property and basically available 24/7.  The Standing Rules indicate that if are on official business of, expenses are to be reimbursed.  However, if you are the conference chair, you do not get reimbursed anything (including per diem and mileage).  It would appear that these rules contradict one another as our conference chair incurred expenses over $500 for this corporation, but the corporation refuses to reimburse her.  What would be the next step?  Is there anything in Roberts Rules that explain a contradiction in rules?

 

Thanks

 

Maria 

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We recently hosted our association's annual conference and all appointed officers and chairs are "officially" called to conference.  The conference chair is on the property and basically available 24/7.  The Standing Rules indicate that if are on official business of, expenses are to be reimbursed.  However, if you are the conference chair, you do not get reimbursed anything (including per diem and mileage).  It would appear that these rules contradict one another as our conference chair incurred expenses over $500 for this corporation, but the corporation refuses to reimburse her.  What would be the next step?  Is there anything in Roberts Rules that explain a contradiction in rules?

 

Here's what RONR says about conflicting motions:

 

"Likewise, motions are out of order if they conflict with a motion that has been adopted by the society and has been neither rescinded, nor reconsidered and rejected after adoption. Such conflicting motions, if adopted, are null and void unless adopted by the vote required to rescind or amend the motion previously adopted." (p. 343, ll. 17-23)

 

Who adopted these rules? When were they adopted? Depending on the details, perhaps at the next meeting, you could raise a point of order on the conflicting rules. Or maybe make a motion to reimburse her.

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Good morning and thank you for your responses.  I have added the standing rules here.  Please keep in mind that the chair was called to conference, received instructions on how to submit expenses, and was required to be on property.  We don't understand how every single person officially called is reimbursed, but the person running the conference (and officially called) is not reimbursed for all expenses.  

 

17.1 Travel Expenses.

Except as otherwise provided by the Bylaws and these Standing Rules, all Officers, Committee Chairmen and committee members shall, while on official business (defined as traveling to and from or attending a Conference, meeting or other function as required or authorized by the Bylaws and these Standing Rules), be reimbursed for expenses as follows:

  1. 17.1.1  Actual cost of lodging, including taxes and fees, not to exceed one-half the cost of a double room at the Conference or meeting site or comparable facility, for each night such lodging is reasonable or necessary to facilitate attendance at a meeting; Reasonable or necessary is defined as committee members required to attend an a.m. meeting, the prior night’s lodging will be reimbursed as indicated above. If committee members are required to attend a p.m. meeting, the prior night’s lodging will not be reimbursed unless prior approval is obtained from the President;

    17.1.1.1 Elected and Appointed members of the Executive Committee may be reimbursed the actual full cost of lodging, including taxes and fees, for each night such lodging is reasonable or necessary to facilitate attendance at a meeting. All other rules stated in Standing Rule 17.1.1 shall apply.

  2. 17.1.2  Actual cost of Conference scrip ticket, if attendance is requested by the President;

  3. 17.1.3  $20 per diem for each day or part thereof travel or attendance is required;

  4. 17.1.4  Actual fare of round-trip coach airplane, bus or train;

  5. 17.1.5  Personal automobile mileage round trip from residence to the Conference or meeting site at the rate of 40 cents per mile traveled, not to exceed the actual round trip air fare to the same destination;

  6. 17.1.6  Actual taxi or shuttle fare, or if convenient taxi or shuttle transportation is unavailable, actual cost of automobile rental charged, and actual cost of gas, reasonable or necessary for transportation to and from airport, bus station or train station;

  7. 17.1.7  Actual cost of tolls;

  8. 17.1.8  Actual cost of reasonable and necessary parking, not to exceed $20 per day; and

     

Standing Rules (revised February 2015)

STANDING RULES

17.1.9 Such additional expenses as are reasonable and necessary and approved by the Executive Committee.

17.1.10 Remote Location is defined as any conference location that requires an attendee to rent a car in addition to flying in order to reach the conference location because there are no airports close enough that offer a shuttle service.

17.2 Notwithstanding provisions to the contrary herein:

17.2.1

17.2.2

The Annual Conference Committee Chairman shall be reimbursed, for expenses at the Conference chaired, only the actual cost of Conference scrip ticket (i.e., not lodging, per diem and transportation expenses). 

 

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What would be the next step?

 

Amend the rules.

 

Is there anything in Roberts Rules that explain a contradiction in rules?

 

RONR has several Principles of Interpretation to help sort out contradictions in rules. See RONR, 11th ed., pgs. 588-591. The most applicable principle here appears to be the following:

 

"A general statement or rule is always of less authority than a specific statement or rule and yields to it. It is not practical to state a rule in its full detail every time it is referred to. General statements of rules are seldom strictly correct in every possible application. The specific statement of the rule that gives the details applying to the particular case must always be examined." (RONR, 11th ed., pg. 589)

 

In other words, the specific rule regarding the Annual Conference Chairman appears to be applying an exception to the general rules regarding reimbursement. 

 

Perhaps it's not so much a contradiction, but rather an example of a general statement being of less authority than the specific? Do the principles of bylaw interpretation apply to these standing rules as well?

 

Yes. 

 
"In preparing bylaws and interpreting them, the following principles of interpretation—which have equal application to other rules and documents adopted by an organization—may be of assistance." (RONR, 11th ed., pg. 588)
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