Minutes in Lieu of Bylaw

[Guest BMassey]

Our organization has recently passed its first set of bylaws and constitution. Despite 35 plus years of existence - it never had such a document.

An older member wants to introduce prior minutes of meetings that took place nearly 33 years ago to enforce a rule that doesn't exist in our present document. My question is two fold;

Do the minutes of a meeting carry legal weight in the absence of a written rule?

Can it only be added as an amendment to the present constitution thru regular amendment processes?

[Larry Cisar]

Our organization has recently passed its first set of bylaws and constitution. Despite 35 plus years of existence - it never had such a document.

An older member wants to introduce prior minutes of meetings that took place nearly 33 years ago to enforce a rule that doesn't exist in our present document. My question is two fold;

Do the minutes of a meeting carry legal weight in the absence of a written rule?

Can it only be added as an amendment to the present constitution thru regular amendment processes?

As long as the old minutes do not violate a current bylaw, yes they carry weight.

Almost anything can be added by the amendment process to the bylaws. Don't always recommend it, but it can be done.

[Kim Goldsworthy]

Our organization has recently passed its first set of bylaws and constitution. Despite 35 plus years of existence - it never had such a document.

An older member wants to introduce prior minutes of meetings that took place nearly 33 years ago to enforce a rule that doesn't exist in our present document.

Q1. Do the minutes of a meeting carry legal weight in the absence of a written rule?

Q2. Can it only be added as an amendment to the present constitution thru regular amendment processes?

A1. Yes.

Whatever rule was adopted 33 years ago does not expire.

So, if the minutes show it, and you have not rescinded it, then it is still as enforceable as any rule you adopted yesterday.

A2. No.

There are such things as non-bylaws rules or non-constitution rules.

They are called "standing rules" or are called "special rules of order", depending on whether they concern administrative matters or concern parliamentary procedure.

You are under NO obligation to put 100% of your organization's rules into your bylaws or into your constitution.

[Josh Martin]

Do the minutes of a meeting carry legal weight in the absence of a written rule?

If there is a motion adopted in those minutes, that is a written rule. The fact that the Secretary 33 years ago forgot to write it down anywhere else doesn't change anything. The rule is enforceable so long as it does not conflict with your Constitution and Bylaws.

Can it only be added as an amendment to the present constitution thru regular amendment processes?

Well, if you wanted to add it to your Constitution, yes. But there are lower-level rules (special rules of order and standing rules).