sangamonese Posted November 3, 2011 at 04:48 PM Report Share Posted November 3, 2011 at 04:48 PM The following is the last line of our club's constitution:The rules contained in the current edition of “Robert’s Rules of Order, Newly Revised” shall govern the club in all cases to which they are applicable; and in which they are not inconsistent with these By-Laws and any special “Rules of Order” the club may adopt.Our constitution defines membership and I say that if there is a change in the definition of membership then there must be an amendment to the constitution.Does the part that reads:in which they are not inconsistent with these By-Laws and any special “Rules of Order” the club may adopt.mean the club can make a special Rule of Order redefining membership or does the club still have to amend the constitution?The question concerns the part of the constitution that reads: A. Regular [individual] membership shall enjoy all club privileges including the right to vote and to hold office upon payment of annual dues.B. Honorary membership may be bestowed on an individual in recognition of significant contribution to ____, upon approval of criteria submitted and approved by a majority of members present. Honorary members pay no dues and are not eligible to vote, but can maintain regular membership upon payment of dues.Members want to add that Lifetime members pay no dues and can vote and hold office, but they want to do it by a "Standing (or Special) Rule of Order" instead of amending the Constitution.TIA,Karen Mills Link to comment Share on other sites More sharing options...
George Mervosh Posted November 3, 2011 at 04:53 PM Report Share Posted November 3, 2011 at 04:53 PM The Constitution must be amended via its amendment procedures when it comes to types of membership. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 3, 2011 at 05:05 PM Report Share Posted November 3, 2011 at 05:05 PM As George indicates, a motion is not in order that conflicts with the constitution, which would be the case if the constitution lists classes of membership without specifically authorizing the assembly to create additional classes. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 3, 2011 at 06:07 PM Report Share Posted November 3, 2011 at 06:07 PM The following is the last line of our club's constitution:The rules contained in the current edition of “Robert’s Rules of Order, Newly Revised” shall govern the club in all cases to which they are applicable; and in which they are not inconsistent with these By-Laws and any special “Rules of Order” the club may adopt.Our constitution defines membership and I say that if there is a change in the definition of membership then there must be an amendment to the constitution.Does the part that reads:in which they are not inconsistent with these By-Laws and any special “Rules of Order” the club may adopt.mean the club can make a special Rule of Order redefining membership or does the club still have to amend the constitution?The question concerns the part of the constitution that reads: A. Regular [individual] membership shall enjoy all club privileges including the right to vote and to hold office upon payment of annual dues.B. Honorary membership may be bestowed on an individual in recognition of significant contribution to ____, upon approval of criteria submitted and approved by a majority of members present. Honorary members pay no dues and are not eligible to vote, but can maintain regular membership upon payment of dues.Members want to add that Lifetime members pay no dues and can vote and hold office, but they want to do it by a "Standing (or Special) Rule of Order" instead of amending the Constitution.TIA,Karen MillsNo, a Special Rule of Order will not do. You must amend the document where the current classes of membership are listed, and change that list. Link to comment Share on other sites More sharing options...
Burke Balch Posted November 3, 2011 at 06:56 PM Report Share Posted November 3, 2011 at 06:56 PM What was quoted as the last line of the constitution -- which is the standard recommended language to adopt a parliamentary authority -- says that "The rules contained in the current edition of “Robert’s Rules of Order, Newly Revised" may be superseded by "any special “Rules of Order” the club may adopt". It does not say that the rules contained in the bylaws may be superseded by "any special “Rules of Order” the club may adopt".That is why the provision may not logically be cited for the proposition that it is possible to change membership requirements set forth in the constitution by adoption of a special rule of order, still less a standing rule; any such change requires a constitutional amendment.For the hierarchy of rules, see RONR (11th ed.), pp. 10-19, or RONR In Brief (2nd ed.), pp. 84-88. Link to comment Share on other sites More sharing options...
tctheatc Posted November 5, 2011 at 11:02 AM Report Share Posted November 5, 2011 at 11:02 AM Could a special rule of order be adopted that does not redefine membership in any way, but orders that dues shall be rebated annually to lifetime members? It might accomplish the same result, albeit in an inefficient manner....or "dues shall be rebated annually to members who (meet such and such requirements)" in order to avoid creating a new class of membership if Lifetime member is not already provided for. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 5, 2011 at 11:16 AM Report Share Posted November 5, 2011 at 11:16 AM Could a special rule of order be adopted that does not redefine membership in any way, but orders that dues shall be rebated annually to lifetime members? It might accomplish the same result, albeit in an inefficient manner....or "dues shall be rebated annually to members who (meet such and such requirements)" in order to avoid creating a new class of membership if Lifetime member is not already provided for.An organization can do what it wants with its money, including giving it to members. This, however, would be a standing rule, not a special rule of order. Link to comment Share on other sites More sharing options...
tctheatc Posted November 5, 2011 at 08:00 PM Report Share Posted November 5, 2011 at 08:00 PM Thanks, Tim. Right store, wrong aisle. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 5, 2011 at 08:04 PM Report Share Posted November 5, 2011 at 08:04 PM Thanks, Tim. Right store, wrong aisle. Link to comment Share on other sites More sharing options...
sangamonese Posted November 7, 2011 at 01:36 AM Author Report Share Posted November 7, 2011 at 01:36 AM An organization can do what it wants with its money, including giving it to members. This, however, would be a standing rule, not a special rule of order.Does that include this?The Club shall be conducted or operatednot for profit and no part of any profits or remainderor residue from dues or donations to the Club shallinure to the benefit of any member or individual.Thanks to all who responded to my original question..Karen Link to comment Share on other sites More sharing options...
Sean Hunt Posted November 7, 2011 at 03:34 AM Report Share Posted November 7, 2011 at 03:34 AM Does that include this?The Club shall be conducted or operatednot for profit and no part of any profits or remainderor residue from dues or donations to the Club shallinure to the benefit of any member or individual.Thanks to all who responded to my original question..KarenOne could reasonably interpret that provision as prohibiting such a reimbursement, but it's ultimately up to you to interpret your own rules. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 7, 2011 at 03:59 AM Report Share Posted November 7, 2011 at 03:59 AM Does that include this?The Club shall be conducted or operatednot for profit and no part of any profits or remainderor residue from dues or donations to the Club shallinure to the benefit of any member or individual.Thanks to all who responded to my original question..KarenThis could be adopted as a Standing Rule. Link to comment Share on other sites More sharing options...
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