Bylaw change

[Guest D Bromberg]

When three members of a board make a motion and second it more than 30 days before the next board meeting to discuss a bylaw change. can the executive director dis-allow it because the policies say that only the policy committee can bring foreword any bylaw changes? Do policies supercede bylaws?

[Josh Martin]

When three members of a board make a motion and second it more than 30 days before the next board meeting to discuss a bylaw change. can the executive director dis-allow it because the policies say that only the policy committee can bring foreword any bylaw changes? Do policies supercede bylaws?

It's the other way around - bylaws supersede policies. Do your bylaws actually say anything on this subject? If the bylaws provide that individual board members can propose amendments to the bylaws, then what is said in the bylaws supersedes the conflicting policy on the subject and is controlling. In this case, the motion is in order.

If the bylaws are silent on this subject, however, then the rule in the policies is controlling and the chair would be correct to rule the motion out of order. The Executive Director cannot do this on his own (unless your rules so provide), but he can certainly advise the chair on this point.

[Edgar Guest]

When three members of a board make a motion and second it more than 30 days before the next board meeting to discuss a bylaw change . . .

 

A few thoughts:

 

Three members don't make a motion. One member makes a motion.

 

I'll assume this motion was made at a meeting (i.e. not simply 30 days before a meeting).

 

Motions are made in order to do something, not simply discuss something. The discussion (debate) comes after the motion to do something is made.

[Lori Sweet]

Where in the 11th edition of Robert's is this addressed?  I know the bylaws supersede policy, but perhaps the ranking order would help. 

[jstackpo]

Precedence of rules is described on p. 10ff.

[Lori Sweet]

Oh thank you!