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Board passed "policy"


Guest Karen

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The Board of Directors of my organization is working on a "policy" that will be in direct conflict with how and when membership may be terminated as specifically stated in the by-laws. If this policy is passed by the board, what can I do to prevent it from being used?

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If the adopted policy is directly in conflict with what is stated in the bylaws, then the adopted policy may presumidly cause a continuing "breach."

You could go to your next membership meeting and raise a Point of Order.

However, be prepared to have someone at the meeting that shares your concerns. Their assistance may be needed to second an appeal from the chairs decision if he or she unfavorably rules against your point of order. Appeals may be debated, a Point of Order is undebatible. It would also be prudent to have a sufficient number of members sympathetic to your view attend the meeting and to espress their support of your view point by voting.

You might also contact some individual board members expressing your concerns, privately.

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You might also contact some individual board members expression your concerns, privately.

Yes, I think this is a case where an ounce of prevention will be worth a pound of cure. If the conflict is obvious you should be able to convince reasonable board members of that fact. Waiting until the policy (however illegitimate) has been adopted may result in some illegitimate actions which may be difficult, if not impossible, to undo.

Head 'em off at the pass, if you can.

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Thank you. I have talked to 2 board members and hope they will step forward and do the right thing. I will also be prepared to raise a Point of Order, if necessary, and I'm already aware of a few others in the group that agree with my view. I will get more if needed.

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Do they have the authority (given to them in the bylaws, that is) to "make policy?"

I'm not sure. It appears so in "The Board of Directors, nominated and elected in accordance with provisions of these By-Laws, reserves unto itself the following powers: (a) Of the Purse: (omitted)

( b ) Of Policy: concerning the relationship of the Corporation or the Ensemble with outside individuals, corporations, partnerships, or trusts.

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I'm not sure. It appears so in "The Board of Directors, nominated and elected in accordance with provisions of these By-Laws, reserves unto itself the following powers: (a) Of the Purse: (omitted)

( b ) Of Policy: concerning the relationship of the Corporation or the Ensemble with outside individuals, corporations, partnerships, or trusts.

It's ultimately up to your organization to interpret its own Bylaws, but in any event, the board cannot adopt a policy which conflicts with the Bylaws.

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It's ultimately up to your organization to interpret its own Bylaws, but in any event, the board cannot adopt a policy which conflicts with the Bylaws.

I know that, but they are, unfortunately, trying to please one person and not experienced enough with managing the organization and are about to pass a policy that clearly conflicts with the bylaws. I hope I got through to at least 1 board member and that he stands up to the others to discuss why the policy would be a conflict, but the rest of the board seems too eager to do whatever the 1 person wants. That's why I felt I had no other choice but to resign from a board willing to break the rules. I may have to resign from the organization because I take serious issue when the rules are completely ignored.

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