Illegal motion to suspend the bylaws

[Guest WilliamJ]

At our regular the secretary read the members percentages and eligibility to vote and hold office. When some of the membership found they were not eligible to vote and hold office do to not meeting the requirements of the by-laws they motioned to suspend the by-laws it passed as secretary I stated Roberts rules of order the 11 edition that this was a dilatory motion and that you cannot suspended the by-laws just because the members did not fulfill the obligation of that by-law I intended to challenge this move at the nominations am I at least on firm grounds here. We have 9 class of membership this is what they require to be an active member.

 

a.       He or she shall be required to attend fifty (50) percent of the regular business meetings and fifty (50) percent of the drill meetings each squad year. 

b.      He or She shall answer at least twenty (20) percent of the total calls including a minimum of fifteen (15) percent of the night calls each Squad year.

c.       Failure to comply with the above will cause him or her to lose credit towards Exempt or life Member.

d.      He or She shall be expected to obey any order given by a superior officer or the senior member on calls.  Violations may cause charges to be filed and the Squad imposing a penalty.

e.       All Active members are expected to aid in fund raising activities, town events, and any activity to benefit the Squad.

 

 

Thanks for the help

 

[Kim Goldsworthy]

 

When some of the membership found they were not eligible to vote and hold office due to not meeting the requirements of the by-laws they motioned to suspend the by-laws.

It passed.

As secretary, I stated Roberts Rules of Order the 11 edition that this was a dilatory motion and that you cannot suspended the by-laws just because the members did not fulfill the obligation of that by-law.

I intended to challenge this move at the nominations.

Am I at least on firm grounds here?

 

Correct.

 

Qualifications for office are not "in the nature of a rule of order."

Therefore, such rules are not suspendable.

 

However, beware of poorly-written bylaws.

It might be the case that the rules you cite for "qualification" refer to

(a.) being a nominee or a candidate;

. . . and do not refer to . . .

(b.) serving in office.

 

That is, it might be improper for your buddy to nominate you, due to the qualifications rule.

But it might be alright for your buddy to write in your name on his ballot.

 

I am just saying that "loopholes exist" where the bylaws are not well written.

***

Like the old American Hoosier nursery rhyme "Little Orphant Annie," it is something which will ". . . get ya, if you don't watch out."

[Guest K Pearson]

THe question remained unanswered on whether the Bylaws of an organization can be suspended during a general meeting.  If so how and by what votes (majority present, 2/3rds present or majority of the membership)?

[Dan Honemann]

Rules of order that are placed within the bylaws can (with certain exceptions) be suspended by a two-thirds vote; but, except for such rules and for clauses that provide for their own suspension, rules in the bylaws cannot be suspended.  (RONR, 11th ed., p. 17; p. 263)

 

"The term rules of order refers to written rules of parliamentary procedure formally adopted by an assembly or an organization. Such rules relate to the orderly transaction of business in meetings and to the duties of officers in that connection."  (RONR, 11th ed., p. 15)

 

As noted above, in post #2, qualifications for office contained in the bylaws are not rules of order, and are not suspendable (unless they provide for their own suspension).