Bylaws and voting

[Guest Cassidy Neal]

My neighborhood association (na) bylaws state that our neighborhood cannot endorse candidates for city governmnet positions.

They also provide that the as the vice president of external affairs, I am the neighborhood rep on a city wide neighborhood coalition that DOES endorse candidates.

Could my vote on the neighborhood coalition to endorse a candidate be interpreted as my neihborhood endorsing a candidate? Would the btlaws need to need to be amended if this is taking place?

[Chris Harrison]

My neighborhood association (na) bylaws state that our neighborhood cannot endorse candidates for city governmnet positions.

They also provide that the as the vice president of external affairs, I am the neighborhood rep on a city wide neighborhood coalition that DOES endorse candidates.

Could my vote on the neighborhood coalition to endorse a candidate be interpreted as my neihborhood endorsing a candidate? Would the btlaws need to need to be amended if this is taking place?

Sure it could be interpreted that way but whether the NA interprets them that way is for you all to decide. See RONR pp. 570-573 for some principles of interpretation.

[Robert B Fish]

Sure it could be interpreted that way but whether the NA interprets them that way is for you all to decide. See RONR pp. 570-573 for some principles of interpretation.

I see a huge difference between the two situations. The NA's bylaws say it shall not endorse particular candidates. That cannot and should not be taken to restrict the ability of the members of the NA from endorsing candidates themselves (think First Amendment to the United States Constitution) or other organizations endorsing candidates.

-Bob

[Chris Harrison]

I see a huge difference between the two situations. The NA's bylaws say it shall not endorse particular candidates. That cannot and should not be taken to restrict the ability of the members of the NA from endorsing candidates themselves (think First Amendment to the United States Constitution) or other organizations endorsing candidates.

But the NA's bylaws say that as VP of External Affairs Cassidy is the neighborhood representative on the citywide neighborhood coalition. I think it could be reasonably argued that as the neighborhood representative she is representing the neighborhood's interests in the coalition and thus the NA's bylaws would prohibit her from endorsing any candidates. But it could also be reasonably argued that the prohibition in the NA bylaws doesn't not extend to the neighborhood representative on the coalition. That is why this seems to be a question of interpretation.

[Gary Novosielski]

Okay let's say it's a question of interpretation.

Now, the question is, interpretation by whom? If a point of order were going to be made, I presume it would be made at the meeting of the coalition, since that is where the vote is taking place. But they're not likely to object because they do endorse candidates.

The neighborhood level does not endorse candidates, but presumably it knows what goes on at the coalition level. And I wonder if there's anything for the neighborhood to interpret anyway. By voting in the coalition, the OP has violated no rule of order of the neighborhood association, nor of the coalition.

It may well be that the REASON the neighborhood association does not endorse candidates is merely so that it does not step on the toes of the endorsement of the coalition.

[Guest cassidy neal]

Thank you for these responses. It is very helpful to me!

Cassidy

[Robert B Fish]

But the NA's bylaws say that as VP of External Affairs Cassidy is the neighborhood representative on the citywide neighborhood coalition. I think it could be reasonably argued that as the neighborhood representative she is representing the neighborhood's interests in the coalition and thus the NA's bylaws would prohibit her from endorsing any candidates. But it could also be reasonably argued that the prohibition in the NA bylaws doesn't not extend to the neighborhood representative on the coalition. That is why this seems to be a question of interpretation.

Unless the NA has instructed her to refrain from voting to endorse when the citywide group meets, she is free to represent her NA in the ways she feels are best. While legislators are all representatives of their districts, they are not bound to vote in the way favored by a majority of the voters they represent. (Some, it seems, never do. )

To take a different example, let's say she were a member of a garden club whose bylaws limited its membershp to women and she was their representative to an area club. If the area club was considering changing its bylaws to admit men, would she be barred from voting YES? (Of course not.)

However, if the club instructed her do vote NO and she voted YES instead, she would be subject to discipline.

-Bob

[Chris Harrison]

Now, the question is, interpretation by whom?

I would say the NA would be the proper place to interpret their own rules

If a point of order were going to be made, I presume it would be made at the meeting of the coalition, since that is where the vote is taking place. But they're not likely to object because they do endorse candidates.

Probably not. Plus they really have no dog in the fight since it is not their rule being possibly being broken (unless the coalition itself has a rule that representatives from the NAs must follow the rules of their NA when there is a conflict between the two).

The neighborhood level does not endorse candidates, but presumably it knows what goes on at the coalition level.

Hopefully so.

And I wonder if there's anything for the neighborhood to interpret anyway. By voting in the coalition, the OP has violated no rule of order of the neighborhood association, nor of the coalition.

There very well may be no violation of the coalition's rules but if the NA's bylaws say that the neighborhood cannot endorse a candidate and the representative is representing the neighborhood's interests in the coalition I think that could constitute a violation of the NA's rules if the member votes to endorse a candidate.

It may well be that the REASON the neighborhood association does not endorse candidates is merely so that it does not step on the toes of the endorsement of the coalition.

Quite possibly. That is why interpretation is needed because we (and presumably Cassidy) don't know what the intent was for including that rule in the bylaws.

[Gary Novosielski]

There very well may be no violation of the coalition's rules but if the NA's bylaws say that the neighborhood cannot endorse a candidate and the representative is representing the neighborhood's interests in the coalition I think that could constitute a violation of the NA's rules if the member votes to endorse a candidate.

Maybe some rule we haven't seen yet, but I don't see enough to suggest it, based on what we've seen so far.

The vote in question would not take place in a meeting of the NA and, as a vote cast by a lone member, in a different organization, in favor of a motion that may or may not carry, it can hardly be construed as an endorsement by the organization. I believe that could only happen by a majority vote in a meeting of the NA. And it won't, because it's against their bylaws.

I've seen no evidence that the member was directed how to vote (or abstain) in the assembly of the coalition, and I'm not certain it would be proper to do so in any event.

[Tim Wynn]

Would the btlaws need to need to be amended if this is taking place?

If your organization doesn't know the answer to that question... the bylaws need to be amended.