Guest Stacey McNeil Posted April 25, 2011 at 08:45 PM Report Share Posted April 25, 2011 at 08:45 PM If there is not a rule in the Bylaws but it has been "past practice" something has been done a certain way, is it considered a "rule" until there is a motion to change it? Or how does that work? Quote Link to comment Share on other sites More sharing options...
Robert B Fish Posted April 25, 2011 at 08:50 PM Report Share Posted April 25, 2011 at 08:50 PM Some issues may be "done a certain way" if they do not conflict with teh bylaws. However, note that if your have adopted RONR as your parliamentary authority, then those rules, too, are binding upon the organization, just like the bylaws. An unwritten rule that is based only on tradition must be dropped as soon as a point of order is raised showing it contradicts your bylaws or RONR.Do you care to further define the "rule"?-Bob Quote Link to comment Share on other sites More sharing options...
hmtcastle Posted April 25, 2011 at 08:52 PM Report Share Posted April 25, 2011 at 08:52 PM If there is not a rule in the Bylaws but it has been "past practice" something has been done a certain way, is it considered a "rule" until there is a motion to change it? Or how does that work?One way to look at it is that just because you've always done something a certain way, if there's no rule that says you have to, you don't.For example, at one time there was no rule that said that a U.S. President couldn't serve for more than two terms (there is such a rule now but that's beside the point). But no President ever did. Then FDR (and, more importantly, the voters) decided that they wanted to keep him for a third (and then a fourth) term. So they did. Without having to change any rule. Quote Link to comment Share on other sites More sharing options...
Guest Stacey McNeil Posted April 25, 2011 at 08:57 PM Report Share Posted April 25, 2011 at 08:57 PM Past practice has been that if you register for 5 classes, you can not change those 5 classes after a certain date. There is no ruling saying otherwise. Does this mean that person can or can't change their classes after a certain date? Quote Link to comment Share on other sites More sharing options...
hmtcastle Posted April 25, 2011 at 08:58 PM Report Share Posted April 25, 2011 at 08:58 PM Past practice has been that if you register for 5 classes, you can not change those 5 classes after a certain date. There is no ruling saying otherwise. Does this mean that person can or can't change their classes after a certain date?Well, that's not a parliamentary question (about something that happens at a meeting) but I'd be very surprised if there's not an official cut-off date for what we used to call "drop/add".But, if there's not, go for it. Around here finals are next week and I'm sure a lot of students would like to change classes. Quote Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted April 25, 2011 at 09:10 PM Report Share Posted April 25, 2011 at 09:10 PM Past practice has been that if you register for 5 classes, you can not change those 5 classes after a certain date. There is no ruling saying otherwise. Does this mean that person can or can't change their classes after a certain date?Unclear.Whose rule is it, i.e., who is enforcing this unwritten rule?If a sole individual is enforcing it, then that would suggest one kind of solution.If a board is enforcing it, then that would suggest a very different kind of solution.Given Mr. X, who changes his classes, who is Mr. Y, who stops Mr. X?Why cannot Mr. X just override Mr. Y's insistence?Why can't Mr. X go to the supervisor or manager of Mr. Y, and thus have the higher authority authorized the change?Since there is nothing written down, then it comes down to brute strength or sheer endurance, like mountain goats in rutting season.Thus my concern on Mr. Enforcer. -- Who is he? How did he get this power?Why not have the student just change his classes anyway?Why not start a new unwritten tradition -- allow the changing of the 5 classes, and celebrate the initiative with a Ayn Rand rally and film festival, to mark the rise of the individual as ubermensch and master of his domain? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 26, 2011 at 03:49 PM Report Share Posted April 26, 2011 at 03:49 PM Past practice has been that if you register for 5 classes, you can not change those 5 classes after a certain date. There is no ruling saying otherwise. Does this mean that person can or can't change their classes after a certain date?From a parliamentary perspective, a custom of an assembly which does not conflict with the organization's rules should be followed unless and until a majority votes to do otherwise, however, it seems unlikely that this is a parliamentary situation. Quote Link to comment Share on other sites More sharing options...
Guest cmc Posted May 21, 2021 at 10:45 AM Report Share Posted May 21, 2021 at 10:45 AM Good Morning, I know that this feed is very old, but my question is worth a try due to an upcoming election. 1) Can you make a motion to fix a Constitution or bylaws when an election is underway? 2) Our past practice has been that staff must pay to vote, be nominated or accept a nomination. We do not have this in our newly adopted bylaws or any words about "good standing" AND this rule was not in writing within the old bylaws. The elected officials are indicating that even the Nominating Committee and Treasurer put out a dues date in several emails, the minutes that Secretary took had a later date. We are being told that "5" people that paid late are being allowed to vote, despite the fact that all correspondence indicated an earlier date. I pointed out the following at the last meeting and made a point of order that there is a problem. I read aloud the following: With that, I researched and came across Robert's Rules indicating that, "If a member has not been dropped from the rolls and is not under disciplinary action, the member still has the full rights of membership, including the right to vote, unless the bylaws specifically address this situation." The elected officials are saying that past practice/custom/tradition supersedes the bylaws and Constitution. Could that be correct? Westside Law indicates that, "Once it is pointed out that the custom contravenes the bylaws, the custom "falls to the ground" no matter how long the custom has been practiced, the by laws rule." I would think that when the bylaws do not specify or speak to the issue, then in order to follow proper parliamentary procedure, then one must follow Robert's Rules of Order. I am being told..... no. Past practice rules. Is this correct? FYI- 1) We need a 2/3 majority vote to amend the Constitution. 2) We need a written copy of the proposed amendment presented to members at a regular meeting to amend the bylaws. Can any motion fix this in when an election is underway, anyway? Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted May 21, 2021 at 11:26 AM Report Share Posted May 21, 2021 at 11:26 AM Guest cmc, this thread is 10 years old. I see that you have also properly posted your question by starting a new topic and I have answered your question there. I suggest we keep all further comments in the new thread. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted May 22, 2021 at 12:14 AM Report Share Posted May 22, 2021 at 12:14 AM 13 hours ago, Guest cmc said: I know that this feed is very old, but my question is worth a try due to an upcoming election. Ah, now I see what this meant. Quote Link to comment Share on other sites More sharing options...
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