motion against policy

[Guest Lisa V]

A motion was made at a BOD meeting the motion passed . After that fact it was found that one line of the motion was against the organizations policy. What do we do??

 

if we amend the one line does it change the answer to the whole motion or what ?? 

 

The motion read I move to contract with ___ for our new website for $___ 

Fund for this will come from the Investment account and should not exceed the year 2018. 

 

The last line is against the policy, our policy states that we annually need to vote on the use of the investment account. 

 

 

Lisa 

[Hieu H. Huynh]

The adopted motion could be amended by a two-thirds vote, a majority vote with previous notice, or a vote of a majority of the entire membership.

 

 

 

Edited to add that if the adopted motion is null and void as indicated in the next two responses, this response does not apply and instead, a point of order can be raised.

[Dan Honemann]

If a main motion is adopted that conflicts with a main motion previously adopted and still in force, it is null and void unless it was adopted by the vote required to rescind or amend the previously adopted motion.

 

Can it be clearly established that the motion just adopted was adopted by the vote required to rescind or amend the previously adopted policy?

[Tom Coronite]

Is the "policy" in the bylaws?  I'd think that might make a difference (the original motion would be null and void.)

[Guest lisa V]

The policy is in our policy manual. 

 

( would it be easier if we just did a new motion ?) 

[Dan Honemann]

The policy is in our policy manual. 

 

( would it be easier if we just did a new motion ?) 

 

As previously noted, if a motion is adopted that conflicts with a policy previously adopted and still in force it is null and void (RONR, 11th ed., p. 251). A point of order to this effect can be raised at any time during a subsequent meeting, and if the point of order is determined to be well taken, another motion that does not conflict with the policy can then be introduced and adopted.

[Guest Lisa V]

how does the BOD alter a previous made a decision?

 

For example:

 

Our bylaws state we can only have no less than 5 members no more than 30 which included  officers, members at large and other positions noted by BOD

 

the application voted on by the NP 

stated 3 members at large but the NP committee has come forth to the board asking if they can slate a 4th for many reasons. 

Can the BOD do this (the want to) and how do the do so ? 

[Gary Novosielski]

The bylaws were established by the membership, not by the board, so they're really not altering a previous decision of their own.

 

Anyway, any change to the bylaws can only be accomplished by the method contained in the bylaws for their own amendment.  It's probably at or near the end.

 

It would be unusual for the board to be able to change the bylaws without membership approval.  So the answer to your question is probably No.  

[Richard Brown]

Gary, I don't see this as trying to change the bylaws.  As I read the original post Guest Lisa's post # 7 (and 8), the bylaws allow for a range of members from 5 to 30, some of which are (or  can be) at large members.  It appears to me that it was the board that decided to stick to three at large members for the coming year.

 

Assuming that the board properly has the authority per the bylaws to set the actual number from year to year as long as that number is between 5 and 30, I think it is up to the board to decide whether to agree to the request of the nominating committee to have four at large members, rather than three, for this year.

 

I agree that if adding a fourth at large member would cause the board membership to increase to 31, it would not be permissible.

 

Edited to ask:  What are the NP and the NP committee?

 

Edited again to add:  If the bylaws specify that there shall be three at large members, then that figure can be changed only by an amendment to the bylaws.

[Josh Martin]

how does the BOD alter a previous made a decision?

Generally speaking, by adopting a motion to Rescind or to Amend Something Previously Adopted, which requires a majority vote with previous notice, a 2/3 vote, or a vote of a majority of the entire membership.

[Guest Lisa V]

Richard, 

 

You are correct we are not looking to change a By-Law but to answer the request of the Nominating Committee ( the NP committee stands for the Nominating and Placement Committee) 

our application that was voted on and approved for this year stated the Nominating committee could only slate 3 members at large and the committee would like to slate in 4. 

 

Thank you everyone for the info. 

 

Lisa V.