Guest Jack O'Dwyer Posted October 10, 2011 at 04:59 PM Report Share Posted October 10, 2011 at 04:59 PM A national group, seeking a $30 dues increase, has said that it may suspend the in-person, 270-member Assembly next year if it doesn't get the increase. Its law firm says this is permissible under New York State law which "trumps" anything in the New York-based group's bylaws. Members are complaining that this could greatly damage the group. Does Robert's allow this? Link to comment Share on other sites More sharing options...
jstackpo Posted October 10, 2011 at 05:17 PM Report Share Posted October 10, 2011 at 05:17 PM RONR defers to the (parliamentary/statute) Law whenever they are in conflict.RONR would not allow such a "suspension". Can't speak to NY Law, however. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 11, 2011 at 02:47 AM Report Share Posted October 11, 2011 at 02:47 AM A national group, seeking a $30 dues increase, has said that it may suspend the in-person, 270-member Assembly next year if it doesn't get the increase. Its law firm says this is permissible under New York State law which "trumps" anything in the New York-based group's bylaws. Members are complaining that this could greatly damage the group. Does Robert's allow this?Not everything in New York State Law trumps RONR, but procedural rules (i.e., rules of order imposed on organizations) would.The most relevant question at this point is, what does YOUR law firm say? Believing what the other guy's lawyer says is not a generally acknowledged milepost on the road to happiness. Link to comment Share on other sites More sharing options...
Guest Jack O'Dwyer Posted October 12, 2011 at 02:22 AM Report Share Posted October 12, 2011 at 02:22 AM Gary: Thanks for your reply. The Assembly delegates have no lawyer of their own. They rely on the board's lawyer who invariably supports what the board wants. The parliamentarian in recent years has been on retainer rather than hired for the day as in year's past. The parliamentarian works months in advance for the board and usually issues advice that pleases the board.RONR says that Assemblies, if there is one in an organization, should "sit over" the board and that is the case with the American Bar Assn. and American Medical Assn. to name two major professional groups. But in this group, the board "sits over" the Assembly which is often told never to tell the board what to do. Ultimate policy is in the hands of the board. New York State law is cited for this. Link to comment Share on other sites More sharing options...
J. J. Posted October 12, 2011 at 03:32 AM Report Share Posted October 12, 2011 at 03:32 AM Gary: Thanks for your reply. The Assembly delegates have no lawyer of their own. They rely on the board's lawyer who invariably supports what the board wants. The parliamentarian in recent years has been on retainer rather than hired for the day as in year's past. The parliamentarian works months in advance for the board and usually issues advice that pleases the board.Maybe it is time for some of your members to hire an attorney of their own. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 12, 2011 at 03:39 AM Report Share Posted October 12, 2011 at 03:39 AM Ultimate policy is in the hands of the board. New York State law is cited for this.Well, when someone cites a law they ought be giving you an actual citation that you can look up. Otherwise it's just so much hand waving. Just saying the New York State law demands that the boards have ultimate power is most probably rubbish. There are countless organizations that do it the right way, and many of them are in New York. Is there something in particular about your type of organization that would make you believe this might be true?Or are there some unfortunate provisions in your bylaws that strip the assembly of its powers? Have you read the bylaws? Link to comment Share on other sites More sharing options...
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