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Bylaw changes


catwoman

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I am Parliamentarian for a not-for-profit ladies organization in Nebraska.  We have several chapters operating under the Nebraska name.  Most members have been members for 60 years.  There have been hard feelings in the past, so getting things accomplished is a miracle.  They remember not liking someone or an entire chapter, but not really why.

 

We have yearly changes to the Bylaws.  Our Bylaws state that we operate under Roberts Rules of Order.  In order to add / change a Bylaw they have to be given to the Parliamentarian before January 1st.  In the past, the Bylaw is presented with the name of the person or chapter making the change.  As you may surmise this isn't effective because of past hard feelings.  The Bylaw might have great merit, but its changes of being voted for approval is slim.

 

Our Bylaws state that the Bylaw change must say why the change is being made.  It doesn't say anything about having to state who is presenting the Bylaw (via individual member or chapter).

 

My question:  do I have to include the name of the person or chapter when presenting the Bylaw changes for print in our monthly newsletter next year?  The Bylaws are voted on by the attending membership at the annual convention held the held of May.

 

I want to make sure I'm not going to be in violation of Roberts Rules of Order.  Trust me .... they will ask.

 

Thanks!

 

Kathy

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The only rules for amending the bylaws you have to follow are the rules actually IN your bylaws (not what someone says are there, or "but we always did it this way").

 

So if the bylaws don't ask you to include the name of the person or chapter originating the amendment, no need to do it.

 

One exception: your association might have passed (at some point in the past) a "Standing Rule" or "Special Rule of Order" that does augment the (bare-bones - ?) rules in your bylaws.  If so, follow those additional rules, too.

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The only rules for amending the bylaws you have to follow are the rules actually IN your bylaws (not what someone says are there, or "but we always did it this way").

 

So if the bylaws don't ask you to include the name of the person or chapter originating the amendment, no need to do it.

 

One exception: your association might have passed (at some point in the past) a "Standing Rule" or "Special Rule of Order" that does augment the (bare-bones - ?) rules in your bylaws.  If so, follow those additional rules, too.

 

Even if there is no formal rule on the subject, it may be that it is the organization's custom to include this information. If so, that custom should be followed unless the organization chooses to do otherwise (RONR, 11th ed., pg. 19).

 

I'm not certain, since the OP simply notes this has been done "in the past," so I'm not sure how longstanding or consistent this practice has been.

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At some point, someone is going to have to make a motion to adopt the bylaws change(s).  And the identity of that person will be known.

 

Or is it the parliamentarian who actually makes the motion?  (That would be most unusual.)

 

Well, it's possible that the recommendations are considered by a bylaws committee, and then a member of that committee makes the motion. I agree that it would be very unusual (and improper) for the parliamentarian to make the motions.

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