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Minutes as Policy


CM1138

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Can meeting minutes be used to prove a rule is in effect without the rule being officially adopted or put in the policy/bylaws?

How would the rule be in effect if it was not adopted? If your organization has an established custom, and if that custom does not conflict with a written rule, the custom should be followed.

What exactly did you have in mind?

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There is no custom regarding this in anything I have found. However, disciplinary action was taken based on the minutes that were not officially adopted. to be adopted our rules state the board of directors must approve by a 2/3 vote. That vote did not happen. The membership voted and passed the policy in their official meeting but the board of directors (as I stated) did not adopt or even have any record of having it on the agenda in their meeting. The minutes (or at least the approved membership voted item) never made it to a draft or into our policy manual. I believe the action was not correct based on our own policy.

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There is no custom regarding this in anything I have found. However, disciplinary action was taken based on the minutes that were not officially adopted. to be adopted our rules state the board of directors must approve by a 2/3 vote. That vote did not happen. The membership voted and passed the policy in their official meeting but the board of directors (as I stated) did not adopt or even have any record of having it on the agenda in their meeting. The minutes (or at least the approved membership voted item) never made it to a draft or into our policy manual. I believe the action was not correct based on our own policy.

The minutes have no bearing on whether or not a motion was adopted. If your bylaws require that a certain motion cannot be adopted except by a two-thirds vote in a board meeting, then, failing adoption in a board meeting, it has not been adopted. However, I don't know what your bylaws say. They may leave room for the assembly of the organization to adopt that certain motion.

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