Guest John O Posted January 8, 2013 at 02:12 AM Report Share Posted January 8, 2013 at 02:12 AM In my organization we have the board of directors make and listen to appeals for discipline of members as set in the bylaws. The membership voted to have the new board just elected to review all the discipline actions made by the prior board. Can the new board act on that motion? If we feel a measure was taken can we over turn the decision? Thank you Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 8, 2013 at 02:22 AM Report Share Posted January 8, 2013 at 02:22 AM The membership voted to have the new board just elected to review all the discipline actions made by the prior board. Can the new board act on that motion? If we feel a measure was taken can we over turn the decision? Thank youInstead of thinking of an "old board" and a "new board", it may be helpful to just think of "the board" (whose composition may change from time to time). And the board is generally free to rescind (or otherwise amend) motions adopted by the board (except, of course, in cases where something that was done simply can't be undone).See also Official Interpretations 2006-12 and 2006-13.But I'm not sure your question has been answered so please feel free to clarify it and/or stay tuned for more perceptive replies. Link to comment Share on other sites More sharing options...
jstackpo Posted January 8, 2013 at 02:24 AM Report Share Posted January 8, 2013 at 02:24 AM Whether the general membership can require that the Board ("new" or "old" makes no difference -- the Board is the Board) "review" (whatever that may mean) all the old cases would depend on the exact wording of your bylaws. See Official Interpretations #12 & # 13 , as linked by Guest_Edgar in reply #2. Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 8, 2013 at 02:30 AM Report Share Posted January 8, 2013 at 02:30 AM The fact that the board has new members does not affect its ability to take action. What action the board is authorized to take is a different question, the answer to which will be found in your governing documents. Link to comment Share on other sites More sharing options...
Guest John O Posted January 8, 2013 at 03:36 AM Report Share Posted January 8, 2013 at 03:36 AM The bylaws state all decisions by the board are final. Does not state one way or another if a suspension of a member can be revised. If I am reading correctly the board can make that decision on its own at any point in time. We do not need a motion from the membership to do it we can just do it. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 8, 2013 at 03:47 AM Report Share Posted January 8, 2013 at 03:47 AM The bylaws state all decisions by the board are final. Does not state one way or another if a suspension of a member can be revised. If I am reading correctly the board can make that decision on its own at any point in time. We do not need a motion from the membership to do it we can just do it.No, you'd be reading correctly if you noted that the board has those powers that are granted to it in your bylaws. But you'll need to read your bylaws in their totality (all we have is a tiny paraphrase) and by you, of course, I mean your organization. Only then can you interpret what your bylaws mean. We can't. Link to comment Share on other sites More sharing options...
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