Misty

[Guest Guest]

Is it illegal if a  Board refuses to follow the Bylaws of the organization?

[Chris Harrison]

The General Membership should definitely consider implementing disciplinary proceedings against the Board members if they are acting against the bylaws. As for the legality of their actions you will need to ask a lawyer.

[Kim Goldsworthy]

Is it illegal if a  Board refuses to follow the Bylaws of the organization?

Beware.

Rules which are "in the nature of parliamentary rules" are suspendable.

So, theoretically, yes, a board might not voluntarily follow a certain rule embedded in the bylaws (if it is a certain kind of rule) and yet not violate Robert's Rules of Order's general rule regarding bylaws obedience.

***

 

Any special rules of order should be adopted separately from the bylaws and should be printed in the same booklet with, but under a heading separate from, the bylaws.  Although rules in the nature of special rules of order are sometimes played within the bylaws―as occurs most frequently in the case of a society's prescribing its own order of business―such an arrangement is less desirable, since it may lead to cases of uncertainty as to whether a particular rules can be suspended.

[see p. 17]

[Edgar Guest]

Is it illegal if a  Board refuses to follow the Bylaws of the organization?

 

Yes. It's illegal to break the law. That's what it means to be illegal.

[Josh Martin]

Yes. It's illegal to break the law. That's what it means to be illegal.

 

Well, yes, but the question is whether it is illegal to violate the organization's bylaws, not whether it is illegal to violate the law.

[Edgar Guest]

Well, yes, but the question is whether it is illegal to violate the organization's bylaws, not whether it is illegal to violate the law.

 

What's the difference?

 

Is an illegal forward pass not illegal?

[Kim Goldsworthy]

What's the difference?

 

Is an illegal forward pass not illegal?

You might as well ask,

"Are the 'Laws of Chess' not laws?"

 

(Answer: No, the laws of chess are not laws. They are rules of a game. No state, no district attorney, is obligated to enforce rules of a game.)

[Timothy]

You might as well ask,

"Are the 'Laws of Chess' not laws?"

 

(Answer: No, the laws of chess are not laws. They are rules of a game. No state, no district attorney, is obligated to enforce rules of a game.)

Perhaps not, but the adjudicator of a chess tournament is.

[Gary Novosielski]

Beware.

Rules which are "in the nature of parliamentary rules" are suspendable.

So, theoretically, yes, a board might not voluntarily follow a certain rule embedded in the bylaws (if it is a certain kind of rule) and yet not violate Robert's Rules of Order's general rule regarding bylaws obedience.

***

 

Any special rules of order should be adopted separately from the bylaws and should be printed in the same booklet with, but under a heading separate from, the bylaws.  Although rules in the nature of special rules of order are sometimes played within the bylaws―as occurs most frequently in the case of a society's prescribing its own order of business―such an arrangement is less desirable, since it may lead to cases of uncertainty as to whether a particular rules can be suspended.

[see p. 17]

 

I knew that the general assembly could suspend a rule in the bylaws (presuming it's in the nature of a rule of order) but does the board have the authority to do that as well?

[Josh Martin]

I knew that the general assembly could suspend a rule in the bylaws (presuming it's in the nature of a rule of order) but does the board have the authority to do that as well?

 

I think it depends on the rule.