canceling temporarily a section of the bylaws to make a decision

[Guest HF Santiago]

Can a board cancel or waive temporarily a section of the bylaws to make an exception. The bylaws state that members of the "selection committee" who selects new Board members and prepares the slate of officers cannot be elected to the executive committee. This year we have a member nominated to the executive committee but the bylaws do not allow his election. Can exception to the bylaws be made?

[Edgar Guest]

No. Although it's possible that some (few) rules in the bylaws can be suspended, the qualifications for (or restrictions on) holding office aren't among them.

 

Why doesn't this person simply resign from the selection committee? Then he'll be eligible.

[Guest HF Santiago]

Thank you Edgar. Now that we are in the topic of exceptions, what is your opinion on the following exception. The Bylaws state that only 3 individuals can receive an award. This year we have a situatiion were 4 individual are at the very top of the list and the committee resposible would like to offer 4 awards; different to what it is stated in the bylaws. Is that one of the cases where the bylaws can be supended?

[jstackpo]

Not in my view.  "What number of  awardees?" can hardly  be described as a "Rule of Order" - see p. 15.

 

Remember the (over)simple statement (which is good as a first approximation):

 

Bylaws tell "what";

 

Rules tell "How"

[Edgar Guest]

Is that one of the cases where the bylaws can be suspended?

 

A good rule of thumb is to assume that any rule in the bylaws that you want to suspend can't be suspended. Of course it's not always true but it's true more often than not.

 

By the way, if a rule in the bylaws is suspendable, it's unlikely that the board would have the authority to do so.