Bob Posted May 30, 2015 at 10:39 PM Report Share Posted May 30, 2015 at 10:39 PM Can an organization institute a by law that will not allow the body to alter said by-law. The By-laws state if not included in the by-laws then Robert's Rules prevail. Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted May 30, 2015 at 10:57 PM Report Share Posted May 30, 2015 at 10:57 PM An organization can put whatever it wants in its bylaws as long as it follows the proper procedures for doing so. Link to comment Share on other sites More sharing options...
Guest calbear77 Posted May 31, 2015 at 02:19 AM Report Share Posted May 31, 2015 at 02:19 AM An organization can put whatever it wants in its bylaws as long as it follows the proper procedures for doing so. An organization properly adopts the following bylaw: Article 42A. The chair, while presiding over the assembly, must wear a green hat.B. No part of this article of these Bylaws may be ever amended. Is this bylaw forever entrenched? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted May 31, 2015 at 02:59 AM Report Share Posted May 31, 2015 at 02:59 AM It will be up to the organization to interpret such a provision and such an interpretation will require a reading of the entire bylaws. In your example, if nothing else is said in relation to this article, then "No part of this article of these Bylaws may be ever amended" should be followed. Link to comment Share on other sites More sharing options...
Edgar Guest Posted May 31, 2015 at 11:50 AM Report Share Posted May 31, 2015 at 11:50 AM I'm reminded of the old philosophical conundrum, "Can an omnipotent being (i.e. god) create a stone so heavy that he can't lift it?". Link to comment Share on other sites More sharing options...
Guest Anthony Posted May 31, 2015 at 01:07 PM Report Share Posted May 31, 2015 at 01:07 PM An organization properly adopts the following bylaw:Article 42A. The chair, while presiding over the assembly, must wear a green hat.B. No part of this article of these Bylaws may be ever amended.Is this bylaw forever entrenched?The Correspondence of M. Tullius Cicero Arranged According to Its ...https://books.google.com/books?id=aG9fAAAAMAAJMarcus Tullius Cicero ... that when a law is repealed, so also is repealed the clause forbidding its repeal... Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted May 31, 2015 at 01:47 PM Report Share Posted May 31, 2015 at 01:47 PM I don't think this is applicable here. Link to comment Share on other sites More sharing options...
Richard Brown Posted May 31, 2015 at 04:17 PM Report Share Posted May 31, 2015 at 04:17 PM An organization can put whatever it wants in its bylaws as long as it follows the proper procedures for doing so.And as long as the provision doesn't violate some higher rule such as state law or its corporate charter. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 31, 2015 at 05:12 PM Report Share Posted May 31, 2015 at 05:12 PM Can an organization institute a by law that will not allow the body to alter said by-law. Yes, I think so, although my own opinion is that this would be extremely unwise. As a compromise, I would consider adopting rules in the bylaws which make it much more difficult to amend that particular rule, but not impossible. Link to comment Share on other sites More sharing options...
D_K Posted May 31, 2015 at 08:48 PM Report Share Posted May 31, 2015 at 08:48 PM Would such a provision prevent the adoption of a complete revision of the bylaws that does not include that provision? Link to comment Share on other sites More sharing options...
Josh Martin Posted June 1, 2015 at 12:43 AM Report Share Posted June 1, 2015 at 12:43 AM Would such a provision prevent the adoption of a complete revision of the bylaws that does not include that provision? A careful review of the exact wording of the bylaws would be necessary to say for sure, but generally speaking, I believe that it would. The organization's intentions in adopting the rule are likely that the rule shall not be changed, and the assembly is likely not concerned with the specifics of individual amendments vs. a revision. Link to comment Share on other sites More sharing options...
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