Conflict with Rules and Bylaws

[Guest Jan P.]

Our bylaws state that "No resolution or motion which commits the Club on any matter shall be considered by the Club until it has been submitted to and approved by a majority of the Executive Committee, After the Executive Committee has discussed and approved a resolution or motion committing the Club the notification must be sent via U.S. mail or electronically to the general membership at least 10 days prior to a regular membership meeting. The notification will state that said resolution or motion committing the Club will be presented and put to vote at that general membership meeting. The Club shall then proceed as the majority decides."

 

The bylaws also state the the current "Roberts Rules of Order, Newly Revised" shall be the parliamentary authority.

 

Question- our club parliamentarian is stating that the first bylaw stated here conflicts with RONR and therefore is invalid because RONR states that any member can make a motion at any time.  

 

Please clarify. It has always been my understanding that the Bylaws take precedent and then the rules apply accordingly.

 

 

[Hieu H. Huynh]

... the Bylaws take precedent and then the rules apply accordingly.

 

I would agree with this.

[Transpower]

The hierarchy of rules is:  Federal statutes, state statutes, local statutes, organization corporate charter (if any), organization constitution (if any), organization bylaws, special rules of order, RONR, standing rules, custom.   Therefore I agree with Hieu here.