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Upen

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  1. Thank you for considering our problem I am looking for an advise on a sticky situation. Two of our bylaws have a provision that the action needs to be approved by, or appealed to the General body. One relates to spending the Trust fund money to use in catastrophic situations, another deals with grievances of the Trustees. My question is because of the requirement of General body's approval to implement these bylaws, does these two bylaws need to be approved by the general body for them to be legal byelaws? I am pasting the Article and the Bylaw regarding the amendments. Currently the new byelaws are also developed following the same rules. There is no mention any where of the Byelaw that was approved by the Board of Trustees needs general body approval. CONSTITUTION ARTICLE VII BYLAWS Functioning of this organization shall be in accordance with this Constitution and its Bylaws. The Bylaws can be amended by a two thirds (2/3) majority of the members of the full Board of Trustees. BYLAW 23: AMENDMENTS These Bylaws shall be formulated and amended by the Board of Trustees (BOT) or by the General Body pursuant to the procedure stated below: A. The Board of Trustees can amend these By-laws provided it is passed by a two-thirds (2/3) membership of the full Board of Trustees (BOT), without proxy in a duly convened BOT meeting B. Any member with voting rights can propose an amendment to these By-laws at duly convened General Body Meeting, provided it is supported in writing by ten percent (10%) of each category of members with voting rights. Such proposals must be submitted to the Secretary at least 30 days prior to the Annual General Body Meeting.
  2. Our Not for profit religious organization has a Trust fund committee set up to have funds segregate din case the Temple requires funds in calamitous conditions like earth quake, fire etc. The bylaw controlling this fund has a very strict criteria to use this funds money. The request for funds from the BOT has to be approved by 3/4 of the Trust fund committee members,, and the full BOT and 2/3rds of the 2 categories of General body. This bylaw is 20 years old and has about $1.2 million. It was never put for approval by the general body, but it was in the Constitution and bylaws booklet ever since the BOT created this Trust fund, which is available to any member. A question was raised by the current chairman of the Bylaws committee that as the General body approval is needed we should get their approval in the next General Body meeting. Some members disagree saying as it is a bylaw which according to our Bylaws can be amended by 2/3rd affirmative votes, and no bylaw has been presented to General Body for approval, more over it has been on the books for 20years. The Roberts rules is silent on this issue, so as the Illinois state law. I am requesting this august body for advise and guidance.
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