sammy Posted February 8, 2011 at 01:59 PM Report Share Posted February 8, 2011 at 01:59 PM we have made some changes in our bylaws and are ready to be sign, however 3 of our officers were on the opposing side, these bylaws changes were made according to our bylaws, what recourse do we have if they refuse to sign off on these changes? Link to comment Share on other sites More sharing options...
hmtcastle Posted February 8, 2011 at 02:04 PM Report Share Posted February 8, 2011 at 02:04 PM we have made some changes in our bylaws and are ready to be sign, however 3 of our officers were on the opposing side, these bylaws changes were made according to our bylaws, what recourse do we have if they refuse to sign off on these changes?There is no requirement in RONR that bylaws be either signed or "signed off on". If the bylaws were properly amended, you're good to go. Link to comment Share on other sites More sharing options...
Chris Harrison Posted February 8, 2011 at 02:06 PM Report Share Posted February 8, 2011 at 02:06 PM we have made some changes in our bylaws and are ready to be sign, however 3 of our officers were on the opposing side, these bylaws changes were made according to our bylaws, what recourse do we have if they refuse to sign off on these changes?There is no requirement in RONR that the bylaws must be signed by officers. In fact the real bylaws do not exist in that document you have before you but in the minutes of the meetings where the amendments were adopted. The printed bylaws are nothing more than a vehicle of convenience where all of the adopted amendments are in one place and (hopefully) in some sensible order rather than having to look through many years of minutes. Link to comment Share on other sites More sharing options...
Josh Martin Posted February 8, 2011 at 03:19 PM Report Share Posted February 8, 2011 at 03:19 PM what recourse do we have if they refuse to sign off on these changes?Nothing in RONR requires that the officers sign the Bylaws. If some rule requires it, get officers who will do their job. See FAQ #20. Link to comment Share on other sites More sharing options...
Robert B Fish Posted February 8, 2011 at 03:43 PM Report Share Posted February 8, 2011 at 03:43 PM To avoid confusion as to the version of bylaws that a particular copy represents, I recommend that you add the following note after the end of your bylaws, "Adopted by action of the Board of Directors of ____. at a regular meeting thereof duly called and held on the ______________, at which a quorum was present. _______________________ ______________, Secretary"While, as noted, the signature of the secretary is not a factor in whether or not the bylaws were passed and another officer could sign as well. However, I submit it is dereliction of duty for the secretary to refuse and he/she could be subject to discipline.-Bob Link to comment Share on other sites More sharing options...
sammy Posted February 8, 2011 at 04:01 PM Author Report Share Posted February 8, 2011 at 04:01 PM To avoid confusion as to the version of bylaws that a particular copy represents, I recommend that you add the following note after the end of your bylaws, "Adopted by action of the Board of Directors of ____. at a regular meeting thereof duly called and held on the ______________, at which a quorum was present. _______________________ ______________, Secretary"While, as noted, the signature of the secretary is not a factor in whether or not the bylaws were passed and another officer could sign as well. However, I submit it is dereliction of duty for the secretary to refuse and he/she could be subject to discipline.-BobIf these officers do refuse to sign, would this be grounds for asking for thier resiganations? Link to comment Share on other sites More sharing options...
hmtcastle Posted February 8, 2011 at 04:10 PM Report Share Posted February 8, 2011 at 04:10 PM If these officers do refuse to sign, would this be grounds for asking for thier resiganations?You don't ask for resignations. Either fire them or keep them.And make sure their signatures are actually required. As noted, RONR doesn't say they are. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted February 8, 2011 at 04:11 PM Report Share Posted February 8, 2011 at 04:11 PM If these officers do refuse to sign, would this be grounds for asking for their resignations?No!You cannot impose disciplinary measures on an officer for NOT doing something which isn't even necessary.There is no parliamentary rule being violated. There is no rule which compels ANYONE to sign a set of bylaws, within the 700+ pages of Robert's Rules of Order Newly Revised (RONR 10th ed. 2000).Q. Why do you want your bylaws signed? What good would it do? Link to comment Share on other sites More sharing options...
Josh Martin Posted February 8, 2011 at 05:25 PM Report Share Posted February 8, 2011 at 05:25 PM If these officers do refuse to sign, would this be grounds for asking for thier resiganations?Well, you can ask, but they can refuse. Resignation is, by definition, a voluntary act. See FAQ #20 if you want to remove officers who don't want to go.No!You cannot impose disciplinary measures on an officer for NOT doing something which isn't even necessary.There is no parliamentary rule being violated. There is no rule which compels ANYONE to sign a set of bylaws, within the 700+ pages of Robert's Rules of Order Newly Revised (RONR 10th ed. 2000).What if the assembly orders the officers to sign the copy of the Bylaws?Q. Why do you want your bylaws signed? What good would it do?Does it really matter what the reasons are? The society's officers are obliged to follow the orders of the assembly. Link to comment Share on other sites More sharing options...
David A Foulkes Posted February 8, 2011 at 06:06 PM Report Share Posted February 8, 2011 at 06:06 PM My only question in this so far is who actually has the authority to amend the bylaws? I know radar mentioned having the board sign off on them, so perhaps we must assume that the board does have the final say in this. But if not, and if it is the more typical general membership, then I question whether it is appropriate to have the board endorse the changes at all. It is obviously a question that radar will need to answer for us. Link to comment Share on other sites More sharing options...
hmtcastle Posted February 8, 2011 at 06:09 PM Report Share Posted February 8, 2011 at 06:09 PM I know radar mentioned having the board sign off on them . . .There was no mention of a board. Link to comment Share on other sites More sharing options...
Josh Martin Posted February 8, 2011 at 06:10 PM Report Share Posted February 8, 2011 at 06:10 PM I know radar mentioned having the board sign off on themWhere did he mention that?I know Mr. Fish mentioned a board. I don't know why Mr. Fish had board-run organizations in mind for his example, but it doesn't really change the point he was making. Link to comment Share on other sites More sharing options...
David A Foulkes Posted February 8, 2011 at 06:25 PM Report Share Posted February 8, 2011 at 06:25 PM My mistake. I connected radar's "3 officers" with Mr. Fish's "Board" and crawled way out on the limb and started sawing behind me. Crawling back in now, if it's not too late. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.