We broke the rules. Now what do we do?

[Guest Frank]

I chair an organization. The deadline to submit proposals to ammend the bylaws was August first. Nothing was submiied but at a meeting held on the 15th the board voted to accept a member's proposed changes. Our bylaws state that the board reviews the propsed changes and ultimately the full mebership gets to vote on them.

I thought the vote was out of order and voted against it but it passed anyway. I now know for sure. He misssed the date. end of discussion.

My question is how to handle the Board's vote at the next meeting. It was recorded in the minutes. Do I have the right (responability) to vacate a vote by the board?

Thank you

[J. J.]

Okay, were there any absentees at the board's 8/15 meeting?

Does the board have the final vote on the amendment or is it sent out to another body, e,g a meeting of the members?

[Tim Wynn]

I chair an organization. The deadline to submit proposals to ammend the bylaws was August first. Nothing was submiied but at a meeting held on the 15th the board voted to accept a member's proposed changes. Our bylaws state that the board reviews the propsed changes and ultimately the full mebership gets to vote on them.

I thought the vote was out of order and voted against it but it passed anyway. I now know for sure. He misssed the date. end of discussion.

My question is how to handle the Board's vote at the next meeting. It was recorded in the minutes. Do I have the right (responability) to vacate a vote by the board?

Thank you

The wording in your bylaws is what matters. If the bylaws contain provisions for their amendment, which it appears they do, the bylaws can only be amended in accordance with those provisions.

Whether or not the vote stands will depend on that wording and the details of what happened... and possibly on the assemblies interpretation of both.

[Guest Frank]

As I said the bylaws state "anyone wishing to ammend the Bylaws must submit the proposed changes to the Board by August 1". He missed that date. I know he has to wait a year.

The Board cannot vote to break it's own Bylaws. How do I handle the illegal motion and vote that already took place?

[Tim Wynn]

As I said the bylaws state "anyone wishing to ammend the Bylaws must submit the proposed changes to the Board by August 1". He missed that date. I know he has to wait a year.

The Board cannot vote to break it's own Bylaws. How do I handle the illegal motion and vote that already took place?

Assuming that the motion was adopted in violation of the bylaws, it is null and void and should be declared as such. See RONR (10th ed.), p. 332, l. 15-18.

[Shmuel Gerber]

Assuming that the motion was adopted in violation of the bylaws, it is null and void and should be declared as such. See RONR (10th ed.), p. 332, l. 15-18.

The mere fact that the adoption of a motion was in violation of procedural requirements in the bylaws does not necessarily make the motion null and void.

[Tim Wynn]

The mere fact that the adoption of a motion was in violation of procedural requirements in the bylaws does not necessarily make the motion null and void.

Frank seems dead set against allowing any investigation into what happened, so we'll never have the details to form a proper opinion.

I'm sure he's not open to any citations about the timeliness of a point of order or provisions in the nature of rules of order.

[J. J.]

As I said the bylaws state "anyone wishing to ammend the Bylaws must submit the proposed changes to the Board by August 1". He missed that date. I know he has to wait a year.

The Board cannot vote to break it's own Bylaws. How do I handle the illegal motion and vote that already took place?

It does not[ say that the board cannot consider a proposed amendment after that point. You would need someone to look at your bylaws to determine if there was a violation.

I would suggest you contact one of these organizations for more information:

National Association of Parliamentarians

213 South Main St.

Independence, MO 64050-3850

Phone: 888-627-2929

Fax: 816-833-3893;

e-mail: hq@NAP2.org

http://www.parliamentarians.org

American Institute of Parliamentarians

550M Ritchie Highway #271

Severna Park, MD 21146

Tel: 888-664-0428

Fax: 847-885-8393

e-mail: aip@parliamentaryprocedure.org

http://www.parliamentaryprocedure.org/

[Josh Martin]

The Board cannot vote to break it's own Bylaws. How do I handle the illegal motion and vote that already took place?

If this is, indeed, a violation of the Bylaws and constitutes a continuing breach, you would rule the motion null and void and give your reasoning why. I would be prepared to back up this reasoning, as an Appeal seems likely.