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By-Law change that does not allow the body to alter the rule.

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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.

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Guest calbear77

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 42

A. 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?

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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.

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Guest Anthony

An organization properly adopts the following bylaw:

Article 42

A. 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=aG9fAAAAMAAJ

Marcus Tullius Cicero

... that when a law is repealed, so also is repealed the clause forbidding its repeal...

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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.

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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.

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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.

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