Suspend the Bylaws

[Nan_P2950]

I understand that the phrase "once adopted, Bylaws cannot be suspended".... you can't suspend no matter how unanimous the vote. On p 263, ll. 4-5 "unless the particular rule specifically provides for its own suspension", means you can suspend a rule in the Bylaws, yes?

If the Bylaws were silent on both? "Once adopted.... unless"... still able to suspend a rule on the Bylaws?

[Transpower]

You can suspend bylaws if 1) the particular clause provides for its own suspension under specified conditions, or 2) the particular clause is in the nature of a rule of order.  RONR (11th ed.), p. 13, p. 17

[Hieu H. Huynh]

I understand that the phrase "once adopted, Bylaws cannot be suspended".... you can't suspend no matter how unanimous the vote. On p 263, ll. 4-5 "unless the particular rule specifically provides for its own suspension", means you can suspend a rule in the Bylaws, yes?

If the Bylaws were silent on both? "Once adopted.... unless"... still able to suspend a rule on the Bylaws?

 

Probably not. Would you provide details on what rules you're trying to suspend?

[Nan_P2950]

Probably not. Would you provide details on what rules you're trying to suspend?

I was at a meeting and when it was over, a member and I got into talking about parliamentary procedures... we got into discussions... first we were talking laying a motion on the table. What he described when to lay something on the table... I tried to tell him that to lay something on the table is often misused. To lay something on the table, there should be some sort of emergency to temporarily be put aside... if you want to put it to the next meeting, should use a motion to postpone... Well... I wasn't getting anywhere with him on that subject....

Then we got to talking about the Bylaws. He belonged to another club. He has said that he made a motion to suspend a rule in the Bylaws. A member had to be a member for a year before being able to become an officer. I told him that once an amendment to the Bylaws was adopted, it can not be suspended, even by unanimous vote. If he has that clause in the Bylaws, the club can not suspend. I did say that if the Bylaws was silent, not having that clause... might be possible to suspend.

We went our seperate ways... I got to reading Section 25 - Suspend the Rules. And read that if you have the provision to suspend in the Bylaw, you can. I am wondering what if the Bylaws was silent... or should the club have that provsion to suspend in their Bylaws to suspend.

[Nan_P2950]

I wanted to add that I belong to another club. This club has the clause "once adopted, can't be suspended". He wasn't sure if his club has the same clause. My main question is if the Bylaws didn't have that clause, can a rule in the Bylaws be suspened?

[Josh Martin]

I wanted to add that I belong to another club. This club has the clause "once adopted, can't be suspended". He wasn't sure if his club has the same clause. My main question is if the Bylaws didn't have that clause, can a rule in the Bylaws be suspened?

 

No. Rules in the bylaws cannot be suspended unless the bylaws so provide, or if the rule in question is in the nature of a rule of order (this one isn't).

[Tom Coronite]

I wanted to add that I belong to another club. This club has the clause "once adopted, can't be suspended". He wasn't sure if his club has the same clause. My main question is if the Bylaws didn't have that clause, can a rule in the Bylaws be suspened?

 

It's not a question of can the bylaw be suspended if it lacks a clause prohibiting suspension. It's a question of does the bylaw specifically contain a clause allowing its suspension. 

[Shmuel Gerber]

I understand that the phrase "once adopted, Bylaws cannot be suspended".... you can't suspend no matter how unanimous the vote. On p 263, ll. 4-5 "unless the particular rule specifically provides for its own suspension", means you can suspend a rule in the Bylaws, yes?

If the Bylaws were silent on both? "Once adopted.... unless"... still able to suspend a rule on the Bylaws?

 

You might find it easier to understand what the book says by quoting an entire sentence, rather than fragments. The sentence you cited reads as follows (emphasis omitted):

"Rules contained in the bylaws (or constitution) cannot be suspended—no matter how large the vote in favor of doing so or how inconvenient the rule in question may be—unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described on page 17, lines 22–25."

 

The phrase within the dashes ("no matter how large the vote in favor of doing so or how inconvenient the rule in question may be") is a parenthetical qualification, and the text before and after the dashes, when combined, forms a single statement (albeit with some slightly awkward variation in wording between "rules" and "the rule"):

"Rules contained in the bylaws (or constitution) cannot be suspended . . . unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described on page 17, lines 22–25."

 

When it is read in that way, I think you won't have much trouble understanding the rule. But another way of stating it would be as follows:

 

A rule contained in the bylaws (or constitution) can be suspended only if either (or both) of the following is true:

• the particular rule specifically provides for its own suspension, or
• the rule properly is in the nature of a rule of order as described on page 17, lines 22–25.

[For the sake of simplicity, I haven't mentioned the immediately following sentence of the book, which modifies this statement: "A rule in the bylaws requiring that a vote—such as, for example, on the election of officers—be taken by (secret) ballot cannot be suspended, however, unless the bylaws so provide (see also Voting by Ballot, pp. 412–13)."]

[Nan_P2950]

It's not a question of can the bylaw be suspended if it lacks a clause prohibiting suspension. It's a question of does the bylaw specifically contain a clause allowing its suspension.

Understood that, thanks.