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BY LAWS


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My question is about By Laws in regards to consolidation of organizations. Our volunteer fire company is in the process of consolidating with another fire department. An attorney told us that all officers of the two current departments are frozen until the consolidation goes through. However, our current by laws state that every November we will have nominations and in December elections will be held. What has more authority here the attorney or the bylaws? In addition, our bylaws state that whatever is not covered by the by laws will be covered in Roberts Rule of Order. Your time in this matter is appreciated.

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As far as RONR is concerned attorneys aren't given any particular authority over what an organization does. However, applicable procedural laws do take precedence over bylaws so if the attorney is telling you that the officers are frozen until the organizations are merged I would recommend you all ask him why he says this and if there is some applicable law (that would supersede the bylaws) that supports his advice.

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As far as RONR is concerned attorneys aren't given any particular authority over what an organization does. However, applicable procedural laws do take precedence over bylaws so if the attorney is telling you that the officers are frozen until the organizations are merged I would recommend you all ask him why he says this and if there is some applicable law (that would supersede the bylaws) that supports his advice.

Well said.

But I'm finding it difficult to imagine how freezing of officers would be in the nature of a rule of order.

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