Guest Mariane Posted February 12, 2013 at 03:03 PM Report Share Posted February 12, 2013 at 03:03 PM If there was a bi-law change that conflicts with another section of the by-laws how do we handle it? Does this revert back to the original bylaw? Link to comment Share on other sites More sharing options...
George Mervosh Posted February 12, 2013 at 03:37 PM Report Share Posted February 12, 2013 at 03:37 PM Does this revert back to the original bylaw?Nope. You'll need to amend the bylaws again to take away the conflict. Link to comment Share on other sites More sharing options...
Guest Guest Posted February 12, 2013 at 03:58 PM Report Share Posted February 12, 2013 at 03:58 PM So then how do we deal with the conflict until by-laws can be resolved, it will take 60 days, Link to comment Share on other sites More sharing options...
Guest Edgar Posted February 12, 2013 at 04:04 PM Report Share Posted February 12, 2013 at 04:04 PM You'll need to amend the bylaws again to take away the conflict.A point of order that the amendment conflicted with an existing bylaw won't do it?Or is the assembly free to amend the bylaws with all sorts of conflicting rules?I can see how the originally adopted set of bylaws could contain some inherent contradictions but, after that, wouldn't any amendments have to be consistent?As an example, the bylaws currently say that all officers are limited to no more than two terms in office and that each term is limited to no more than one year. An amendment is adopted that gives the president a five-year term. Isn't that out of order and a continuing breach? Or is it just one more conflict that requires "interpretation"? Link to comment Share on other sites More sharing options...
George Mervosh Posted February 12, 2013 at 04:10 PM Report Share Posted February 12, 2013 at 04:10 PM A point of order that the amendment conflicted with an existing bylaw won't do it?See RONR (11th ed.), p. 592, l. 20-26 Link to comment Share on other sites More sharing options...
Guest Edgar Posted February 12, 2013 at 04:16 PM Report Share Posted February 12, 2013 at 04:16 PM See RONR (11th ed.), p. 592, l. 20-26Thanks. I'm going to have to give that some more thought. Link to comment Share on other sites More sharing options...
Guest Goopher Posted February 12, 2013 at 05:04 PM Report Share Posted February 12, 2013 at 05:04 PM So then how do we deal with the conflict until by-laws can be resolved, it will take 60 days,Huh, in technical terms, you're "kinda stuck". That's an attempt at humor.(I'm guessing this is one reason many statutes contain the phrase "Notwithstanding Any Other Provision of Law", but I'm no lawyer.)One principle of bylaws interpretation (these are found on pages 588 through 591), is that "Each society decides for itself the meaning of its bylaws."So...good luck.If some important actions are pending, which require a "binding" interpretation (let's say involving a large sum of money, and the Treasurer doesn't want to go out on a limb), maybe you could call a special meeting to make a decision? Of course, if that also takes 60 days, well... Link to comment Share on other sites More sharing options...
Sean Hunt Posted February 12, 2013 at 05:14 PM Report Share Posted February 12, 2013 at 05:14 PM I would tend to lean on the interpretation that the more recent change should take precedence to the extent of the conflict. Link to comment Share on other sites More sharing options...
Guest Edgar Posted February 12, 2013 at 05:21 PM Report Share Posted February 12, 2013 at 05:21 PM I would tend to lean on the interpretation that the more recent change should take precedence to the extent of the conflict.I can certainly appreciate that rationale though I think I'm inclined to lean the other way: the new kid on the block yields to the rule that been in place for decades (and may have been overlooked in the amendment process). But I'm still scratchin' my head on this one. Hopefully I won't lose any sleep tonight. Link to comment Share on other sites More sharing options...
George Mervosh Posted February 12, 2013 at 05:35 PM Report Share Posted February 12, 2013 at 05:35 PM But I'm still scratchin' my head on this one. Hopefully I won't lose any sleep tonight.Post #10 here might be somewhat helpful. http://robertsrules....__fromsearch__1 Link to comment Share on other sites More sharing options...
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