LLW Posted April 21, 2011 at 03:41 AM Report Share Posted April 21, 2011 at 03:41 AM Our organization holds three types of events. Our by-laws specify conditions applying to two types, but are silent on the third. We want top specify certain conditions for the third type for all future events. Will that require an amendment to the by-laws or can a motion passed at a general membership meeting apply to all future occurrences. RONR applies and the by-laws require amendments to the by-laws be by ballot mailed to all members. My understand is that without an amendment to the by-laws a motion will have to be passed for each occurrence. Our by-laws do not provide a means to establish an ongoing procedure. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 21, 2011 at 03:59 AM Report Share Posted April 21, 2011 at 03:59 AM Our organization holds three types of events. Our by-laws specify conditions applying to two types, but are silent on the third. We want top specify certain conditions for the third type for all future events. Will that require an amendment to the by-laws or can a motion passed at a general membership meeting apply to all future occurrences. RONR applies and the by-laws require amendments to the by-laws be by ballot mailed to all members. My understand is that without an amendment to the by-laws a motion will have to be passed for each occurrence.Well, without knowing the actual wording of the motion it's dangerous to say there can't possibly be a problem, but...In general, you can pass a simple resolution that all future events of a certain type will be done in certain ways. This is known as a Standing Rule (see RONR p. 18), which is a rule that applies to the details of the administration of a society, rather than a rule of order. In other words, standing rules generally apply outside the context of a meeting, and rules of order generally apply to the conduct of business within a meeting.Standing rules can be adopted at any business meeting by a majority vote without notice, and will stay in effect until Amended or Rescinded. But they can be Suspended for a single occurrence by a majority vote.Does that sound like what you're looking for?Having said that, you need to be careful about bylaws. You've read them, we won't. But ask yourself if it's possible for someone to argue that the reason that third type of event had no conditions listed is that it was intended never to have conditions. In interpreting bylaws, that's a common sort of argument to make: If the bylaws say chocolate, vanilla, and strawberry ice cream are allowed at meetings, don't try to show up with rum raisin, because if it was left off the list, it is presumed to have been done intentionally. If all flavors were allowed, why list just three? So read your bylaws and see if that sort of argument might hold water. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted April 21, 2011 at 09:21 AM Report Share Posted April 21, 2011 at 09:21 AM Our organization holds three types of events. Our by-laws specify conditions applying to two types, but are silent on the third. Smells like trouble. We want top specify certain conditions for the third type for all future events. Will that require an amendment to the by-laws or can a motion passed at a general membership meeting apply to all future occurrences. RONR applies and the by-laws require amendments to the by-laws be by ballot mailed to all members. My understand is that without an amendment to the by-laws a motion will have to be passed for each occurrence. Our by-laws do not provide a means to establish an ongoing procedure.Pretty vague.Someone would have to read your bylaws, and judge if the principle "what is specified is allowed, and what is not specified is not allowed" holds or does not hold.For instance, we know that where one's bylaws define "membership" or "board powers", once defined, you cannot adopt ordinary main motion which add or subtract from the bylaws' definitions.For instance, we know that where one's bylaws specify standing committees, no other standing committees are allowed.Q. Is your event "condition" like that?I don't know.It depends on the conditions.It depends on how similar, or how different, that third event is.So no rule from Robert's Rules of Order will apply here, since the answer, my friend, is blowing in the wind lying in wait inside the text of your bylaws. Link to comment Share on other sites More sharing options...
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