If organization never stated in bylaws that is uses Roberts Rules, can the board enforce them?

[123sjc]

Organization bylaws do not state that the organization will follow Roberts Rules of Order. Can the board enforce these rules anyway, or does an amendment need to be passed first?

The President resigned twice (first with a formal letter to entire board and the second time just to the executive director). This has all happened in the last 2 weeks and has caused the board and the business operations a great deal of stress, to say the very least. The President is now rescinding her second resignation based on our bylaws. (bylaws state secretary must receive the resignation to make it official. We currently have no statements about board needing to approve the resignation in place, however I will suggest for future safety, and to avoid the massive disruptions this is causing, they consider putting this in place)

I know Roberts Rules allows a resignation to be rescinded if it has not been approved/accepted by the board.

But if the organization bylaws and amendments do not include a section that states they follow Roberts Rules of Order, can the rules still be enforced?

Also, does her first resignation still stand as valid, as it was submitted to the secretary and that is how our bylaws are currently set up?

Thank you so much for your guidance.

[JohnR]

Also, does her first resignation still stand as valid, as it was submitted to the secretary and that is how our bylaws are currently set up?

It would seem so. But as always, if there is any dispute, the interpretation of your bylaws is up to your organization. You can cite the principles in RONR to bolster your case, but of course you can't enforce them until you adopt RONR as your authority.

[123sjc]

Thank you John.

If RONR are adopted by the board now, but the original resignation submitted to Secretary was dated 2 weeks ago (and valid per the bylaws), the original resignation could not be rescinded once the board votes to utilize RONR, by any sort of back dating circumstances could it?

I really appreciate your help.

[JohnR]

No, RONR does not provide for changing history. If there is any wiggle room, it would have to be in the interpretation of your bylaws requirement.

[123sjc]

You've been very helpful. Starting with our new term in 2013, I will be sure the organization has RONR so we can avoid any questions like this again

[Guest Edgar]

If RONR are adopted by the board now . . .

The board wouldn't adopt RONR, your organization would, by amending the bylaws to add the recommended language (assuming your bylaws don't currently make the mistake of giving your board the authority to amend them).

[George Mervosh]

The board wouldn't adopt RONR, your organization would, by amending the bylaws to add the recommended language (assuming your bylaws don't currently make the mistake of giving your board the authority to amend them).

Perhaps the Board can adopt RONR as a special rule of order until the bylaws can be amended? RONR, p. 486.

[Guest Edgar]

Perhaps the Board can adopt RONR as a special rule of order until the bylaws can be amended? RONR, p. 486.

Good point. And I suppose the general membership could do so as well.

[Guest Edgar]

I know Roberts Rules allows a resignation to be rescinded if it has not been approved/accepted by the board.

Well, withdrawn (not rescinded) and the board is not necessarily the body authorized to approve a resignation (though it might be in your organization).

[123sjc]

Thank you for all the correct verbiage- Still learning things here. This is helpful...