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Business Conducted By An Illegally Formed Committe


Guest Jim Shake, Jr.

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Guest Jim Shake, Jr.

I am a member of a volunteer fire department that uses Roberts Rules of Order for their meetings.

 

Recently it was discovered that a By-Law Committee was formed with more members than is specified under our current By-Laws (the current by-laws state five members, nine members were appointed. This is a clear violation of the by-laws that are in effect making it an Illegal Commitee

 

The committee put forth a partial set of by-laws that were voted upon for adoption and passed by the membership. The second half of the new by-laws have not yet been revised and put forth for approval.

 

Therefore I have two questions:

 

1.  Are the newly proposed partial set of by-laws that were put forth and voted upon for acceptance by the illegally formed committee valid?  It would seem to me that if in fact the by-law committee that was appointed was in violation of the current operating by-laws that the work that they put forth would be null and void even though they were voted upon.  Is it proper to have accepted work from the illegal committee?

 

After having it pointed out to the organization that the committee formed was in violation of the existing by-laws, the did in fact dismiss the current committee and re-elect a committee with the proper number of members, some not on the originally formed committee that conducted the first part of the by-law change.

 

2.  Can the organization conduct the business of their Annual Meeting using two (2) sets of by laws.   The organization is planning on using the first five (5) articles of the new by-laws, and the last fifteen (15) articles of the current by-laws.

 

Thanks for any and all help.

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I am a member of a volunteer fire department that uses Roberts Rules of Order for their meetings.

 

Recently it was discovered that a By-Law Committee was formed with more members than is specified under our current By-Laws (the current by-laws state five members, nine members were appointed. This is a clear violation of the by-laws that are in effect making it an Illegal Commitee

 

The committee put forth a partial set of by-laws that were voted upon for adoption and passed by the membership. The second half of the new by-laws have not yet been revised and put forth for approval.

 

Therefore I have two questions:

 

1.  Are the newly proposed partial set of by-laws that were put forth and voted upon for acceptance by the illegally formed committee valid?  It would seem to me that if in fact the by-law committee that was appointed was in violation of the current operating by-laws that the work that they put forth would be null and void even though they were voted upon.  Is it proper to have accepted work from the illegal committee?

 

After having it pointed out to the organization that the committee formed was in violation of the existing by-laws, the did in fact dismiss the current committee and re-elect a committee with the proper number of members, some not on the originally formed committee that conducted the first part of the by-law change.

 

2.  Can the organization conduct the business of their Annual Meeting using two (2) sets of by laws.   The organization is planning on using the first five (5) articles of the new by-laws, and the last fifteen (15) articles of the current by-laws.

 

Thanks for any and all help.

 

1) No, it's too late to worry about that now.  The membership adopted the changes, not the committee, so it's done.

 

2) It's possible that carefully crafted provisos could accomplish what you want. RONR (11th ed.), pp. 597-8, but there's no way to be sure.  I wouldn't bet the first round of Beefeaters, neat, on it.

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 . . . and there are no longer "new bylaws and current bylaws" only current bylaws.

 

Which, presumably, are the new bylaws.

 

So the new bylaws are the current bylaws and the current bylaws are the new bylaws.

 

By the way, Mr. Shake should note that even though "bylaws" appears to be a plural noun, you can't pick and choose among the articles ( e.g. five from Column A and fifteen from Column B ). The bylaws are, in that sense, indivisible (with liberty and justice for all?)..

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Thanks everyone for your help.

 

It has indeed become confusing.

 

One more question:

This is a total by-law revision for the department

The departments full set of by-laws have 21 Articles in them.  The by-law committee only forwarded the the first 5 Articles that were voted on for adoption.  The departments intent is to use the newly adopted (First Five) articles combined with the 16 Articles of the old by-laws (which are the current by-laws )

 

Can the business of the Annual Meeting be conducted using 5 Articles  (newly adopted) and 21 Articles that are yet to be revised by the committee??

 

 

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Can the business of the Annual Meeting be conducted using 5 Articles  (newly adopted) and 21 Articles that are yet to be revised by the committee??

 

At the risk of beating this poor horse to death, it doesn't matter when any of the articles were adopted. The bylaws are the bylaws. So stop thinking in terms of individual articles and start thinking of the bylaws as a whole.

 

And since you've adopted some but not all of the proposed revision, be on the lookout for any internal conflicts.

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