Bylaws versus motions

[Guest WahooNeb]

At a recent Board meeting a motion was made, seconded, discussed and passed.

After the end of the meeting it was discovered that the proposed and approved action is in violation of the current bylaws of the organization. The effect of the portion of the motion that is in violation of the bylaws has not been implemented.

The motion established a specific time limit for the length of a contract where the bylaws have a fixed time for the contract that is longer than the time in the approved motion. The contracts have not been signed by either party so there is an opportunity to correct the infraction.

Is it necessary to have a new motion that basically requires the bylaws to be followed because a portion of the approved motion was in violation? Can the motion be severed and simply have the bylaw required time be included in the contract or do we throw out the first motion and present one that is compliant with the bylaw?

[Sean Hunt]

At a recent Board meeting a motion was made, seconded, discussed and passed.

After the end of the meeting it was discovered that the proposed and approved action is in violation of the current bylaws of the organization. The effect of the portion of the motion that is in violation of the bylaws has not been implemented.

The motion established a specific time limit for the length of a contract where the bylaws have a fixed time for the contract that is longer than the time in the approved motion. The contracts have not been signed by either party so there is an opportunity to correct the infraction.

Is it necessary to have a new motion that basically requires the bylaws to be followed because a portion of the approved motion was in violation? Can the motion be severed and simply have the bylaw required time be included in the contract or do we throw out the first motion and present one that is compliant with the bylaw?

The entire motion is null and void for conflicting with your bylaws; a point of order should be made to this effect at the next meeting, and then a properly compliant motion should be passed.