Gregory Jenkins

[Guest Gregory Jenkins]

Hello, I am a physician at a local hospital and recently had a bylaws vote to  change to complete changes in the previous bylaws. We had an election and we the physicians feel we passed the bylaws. The hospital believes we did not. Our bylaws state that after there is a quorum we can vote and in our bylaws it says that we need..." 2/3 of the members present to pass a bylaws amendment." The medical staff did have the 2/3 vote in the majority to certify the new bylaws.  The hospital believes we must use the Roberts Rules regarding the bylaws change. The hospital board believes that the medical staff ,despite having specific language for the bylaws regarding bylaws that the Roberts Rules must be followed. Thanks Gregory Jenkins MD

[Josh Martin]

Hello, I am a physician at a local hospital and recently had a bylaws vote to  change to complete changes in the previous bylaws. We had an election and we the physicians feel we passed the bylaws. The hospital believes we did not. Our bylaws state that after there is a quorum we can vote and in our bylaws it says that we need..." 2/3 of the members present to pass a bylaws amendment." The medical staff did have the 2/3 vote in the majority to certify the new bylaws.  The hospital believes we must use the Roberts Rules regarding the bylaws change. The hospital board believes that the medical staff ,despite having specific language for the bylaws regarding bylaws that the Roberts Rules must be followed. Thanks Gregory Jenkins MD

 

I'm not entirely clear on what the complaint from the hospital is. You say the hospital believes you did not adopt the bylaws, but I'm not clear on why the hospital thinks this. The only hint we have is that "The hospital believes we must use the Roberts Rules regarding the bylaws change." What exactly are they saying was done which was not compliant with Robert's Rules?

[Ann Rempel]

The OP stated: ..." 2/3 of the members present to pass a bylaws amendment."  Perhaps it is meant that the quorum is two-thirds of the members, a quorum was not present, and therefore, the adoption of a bylaws amendment was not valid. Just guessing, of course, about what is meant by the post.

[Gary Novosielski]

Well, in any case, the important principle is that whatever provisions are in your bylaws, regarding the rules for their own amendment, would automatically supersede the rules in RONR.   And that rule, by the way, is found in RONR, so by following your bylaws and not RONR, you are, in effect still following RONR.

 

Hope that's clear.