Suspension of Bylaw by Executive Board in Special Meeting

[Guest Chrystal]

WE have a situation that was brought to our attention after our last Board Meeting, in that the State Treasurer put out two different forms with two different due dates for our State Dues.  The President has called a special meeting of the Executive Board and has proposed suspending the date for dues, as it will affect several of the incoming board nominees.  

Can the Executive Board suspend this rule without a vote of the membership?

Our Bylaws state: Section 4. The President of the State Council may call regular or special meetings of the officers, when she deems it necessary, to carry on such work beneficial to the State and International organizations.

But can we suspend this Bylaw with just the Executive Boards, approval?

 

Thanks for any assistance.,

2016 Bylaws (2) (1).docx

[George Mervosh]

If the date for the dues is found in the bylaws and doesn't contain a provision for its suspension, the rule is not suspendable at all, either by the board or the membership.

Edited March 20, 2018 at 07:52 PM by George Mervosh

[Guest Chrystal]

Even if we can not get to the General Membership before other due dates, say for awards?  If we wait until we can take the issue to the Membership, it will be, too late.  This will also eliminate at least two people from holding Office.  Surely, there is a way to allow us to suspend this rule for the sake of urgency.

[Josh Martin]

48 minutes ago, Guest Chrystal said:

Even if we can not get to the General Membership before other due dates, say for awards?  If we wait until we can take the issue to the Membership, it will be, too late.  This will also eliminate at least two people from holding Office.  Surely, there is a way to allow us to suspend this rule for the sake of urgency.

The rule cannot be suspended by the board or by the membership. Rules in the bylaws cannot be suspended, no matter how severe the consequences. The only exceptions are if the rule is in the nature of a rule of order (which this rule is not) or if the bylaws expressly state that the rule can be suspended. The only way to change the rule is to amend the bylaws, and you will need to follow the proper procedures for doing so.

Edited March 20, 2018 at 10:08 PM by Josh Martin

[Gary Novosielski]

54 minutes ago, Guest Chrystal said:

Even if we can not get to the General Membership before other due dates, say for awards?  If we wait until we can take the issue to the Membership, it will be, too late.  This will also eliminate at least two people from holding Office.  Surely, there is a way to allow us to suspend this rule for the sake of urgency.

There is not, unless the rule as written in the bylaws provides for its own suspension.  The membership cannot suspend it either.  The only way to change it is to amend the bylaws.  

It is assumed that rules (other than rules of order) that are placed in the bylaws are placed there to prevent them from being suspended.

[Guest Who's Coming to Dinner]

1 hour ago, Guest Chrystal said:

Surely, there is a way to allow us to suspend this rule for the sake of urgency.

Not under the rules and not in any kind of authorized manner. If the board delays dues collection, it is answerable to the membership for the power it has taken unto itself.

[Guest Chrystal]

Thank you all for your responses.. 

[Guest Chrystal]

Thank you all for your prompt responses.