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This relates to a bylaw add- specifically to reimburse delegates who attend conferences. There is nothing presently stated anywhere. Should the change be added to as a bylaw or to the manual of standard procedures? What should the header be? Delegates are required and being reimbursed. Thank you.
The entity wishing to transfer (delegate) powers may be a member, an officer, an executive board, or a society. 1. RONR says a member may not transfer his power to vote to another person (unless governing documents or laws allow it explicitly). Is any other member power transferrable when the rules are silent, e.g., the right to attend even if in executive session, or to nominate? 2. The bylaws say the president is to appoint the finance committee. Can the president transfer that power for the current term to the treasurer? 3. The bylaws say the executive board ("board") is to set the time and location of the annual membership meeting. Can the board transfer these powers to the president for a particular year? What rule or citable principle answers this clearly? 4. Assume the RONR sample bylaws apply (56:58-67). 56:67 reads "These bylaws may be amended at any regular meeting of the Society by a two-thirds vote, provided that the amendment has been submitted in writing at the previous regular meeting." Can the Society adopt a bylaw amendment with a blank with the proviso that the board be authorized to fill the blank within one month and that the amendment goes into effect only if and when the board fills the blank? https://en.wikipedia.org/wiki/Nondelegation_doctrine says "The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers." And further says "However, the Supreme Court ruled in J. W. Hampton, Jr. & Co. v. United States (1928) that congressional delegation of legislative authority is an implied power of Congress that is constitutional so long as Congress provides an "intelligible principle" to guide the executive branch." Does this have any bearing on #1-4?
Guest posted a topic in General DiscussionMy organization has subordinate chapters with a yearly convention of voting delegates. Voting delegates are defined as current or past presidents in good standing. This year, the governing board has passed along a 40+page listing of proposed amendments to our by-laws. At the regular subordinate chapter meeting, am I required to read every single by-law and amendment for the membership? Traditionally, this has been done but most years, the list of proposals is very short. I suspect that reading and discussion of each of the proposed changes could potentially take several hours. Someone suggested that as the current president, I am the voting delegate and should already be entrusted by the electing body to vote in the best interest of our chapter. Can I forgo reading of all of these pages of proposals? If so, what language is used for the minutes? Do I need someone to make a motion?