Voting by members not yet affected to full membership status

[Guest Karen]

Our organization bylaws only allows membership for parents of the schools student alumni.  Recently we began accepting applications and fee from parents of Seniors, to allow the organization to succeed at recruiting members before the families separate from the school following graduation.  The allowance was not amended into the bylaws.  Instead it became a practice of allowing "provisional" status, with full membership status affecting once the student graduated.  However, this was not clearly stated to the parents of seniors.  We are having officer elections before graduation occurs. The parents of senior students have been invited to the Annual meeting.  Do they have voting rights, without having met the bylaws definition of a "member"?  That is a parent of an "alumni" student.  One concern is that the parents of seniors are so new that they generally do not know the track record of the fully qualified members that are running for offices.  

Please advise.

 

[Hieu H. Huynh]

Only members (as defined by your bylaws) have the right to vote.

[Kim Goldsworthy]

1 hour ago, Guest Karen said:

Our organization bylaws only allows membership for parents of the schools student alumni.  

Recently we began accepting applications and fee from parents of Seniors, to allow the organization to succeed at recruiting members before the families separate from the school following graduation.  

The allowance was not amended into the bylaws.  

Instead it became a practice of allowing "provisional" status, with full membership status affecting once the student graduated.  

However, this was not clearly stated to the parents of seniors.  We are having officer elections before graduation occurs. 

The parents of senior students have been invited to the Annual meeting.  

Do they [parents of students who are in the Senior class] have voting rights, without having met the bylaws definition of a "member"? 

[The definition of "member" = parent of an "alumni" student.]

One concern is that the parents of seniors are so new that they generally do not know the track record of the fully qualified members that are running for offices.  

 

No, you cannot violate your bylaws, and start doling out "voting rights." -- like bread in a 1930s Great Depression soup kitchen.

***

Observation:

You will find that 99% of people who join organizations are joining for the perqs -- e.g., the newsletter; the annual contest; the prestige of membership; the monthly showcase, etc.

Most people don't care about voting. -- Most people are apathetic about the U.S. Presidential election, and -- believe it or not -- wont' mind that they cannot vote in a booster club or school club.

Nonetheless, I would highly recommend that you amend your bylaws -- to make your rules match your practice -- so that you stop lying to "parents of seniors", indirectly, by selling them crippled membership rights. That does not go over well, as it sends a bad message.

 

[Gary Novosielski]

Membership is defined in your bylaws.  "Provisional" membership doesn't exist if it's not in your bylaws.   And non-members cannot vote.  Period.

If you've been taking people's money and not making clear to them that they were not really members, I think you may need a lawyer more than you need a parliamentarian.

[Guest]

We need a best fix option.  Would it be best to just postpone the annual meeting until after graduation so that the parents of senior students meet the definition of membership by then having alumni students?  We may not likely have much attendance to the meeting, because families may be taking off for summer vacations.  However, meeting attendance is rather low anyway.  Activity attendance is high.  A second option may be to explain the provisional status at the annual meeting, move to amend the bylaws to include parents of senior students as full members.  The results could be effective immediately, if the proposed amendment is adopted.  I'm hoping that you have better options.

Please advise.

 

[Weldon Merritt]

Your "best fix" is to obey your existing bylaws until they can be properly amended. And unless you have a very unusual anendmennt provsion in the bylaws, you won't be able to amend them at the annual meeting unless you have given the proper previous notice.

[Gary Novosielski]

18 hours ago, Guest said:

We need a best fix option.  Would it be best to just postpone the annual meeting until after graduation so that the parents of senior students meet the definition of membership by then having alumni students?  We may not likely have much attendance to the meeting, because families may be taking off for summer vacations.  However, meeting attendance is rather low anyway.  Activity attendance is high.  A second option may be to explain the provisional status at the annual meeting, move to amend the bylaws to include parents of senior students as full members.  The results could be effective immediately, if the proposed amendment is adopted.  I'm hoping that you have better options.

Please advise.

 

I'm not sure who the "we" is in the question above.  

Your solution of amending the bylaws is proper, presuming it follows the rules and passes by the required vote.  It could certainly go into effect immediately, but of course those who are not yet members could not vote on the amendment itself, and would not count towards a quorum until the amendment is adopted.

I don't know if you can postpone the annual general meeting, because I have no confidence that the "we" you mention have that authority.  If the bylaws specify when the AGM must occur, then "we" (whoever they are) probably can't change it.

[Guest]

The bylaws will be amended, but not until the summer. For the past 2 years the organization has made a practice of accepting dues from Senior parents, though they do not yet have the alumni student status needed to qualify as members, per the bylaws definition.  Is this then considered a Custom?  Can Custom continue unless objected to?

[Kim Goldsworthy]

Custom CANNOT override a bylaw.

By definition.

[Richard Brown]

2 hours ago, Guest said:

The bylaws will be amended, but not until the summer. For the past 2 years the organization has made a practice of accepting dues from Senior parents, though they do not yet have the alumni student status needed to qualify as members, per the bylaws definition.  Is this then considered a Custom?  Can Custom continue unless objected to?

It might be considered a custom, but, per RONR, a custom falls to the ground if a point of order is made that it violates a written rule, regardless of whether that rule is in your bylaws, special rules of order, or your parliamentary authority.

This provision on page 19 of RONR explains it:

"In some organizations, a particular practice may sometimes come to be followed as a matter of established custom so that it is treated practically as if it were prescribed by a rule. If there is no contrary provision in the parliamentary authority or written rules of the organization, the established custom should be adhered to unless the assembly, by a majority vote, agrees in a particular instance to do otherwise. However, if a customary practice is or becomes in conflict with the parliamentary authority or any written rule, and a Point of Order (23) citing the conflict is raised at any time, the custom falls to the ground, and the conflicting provision in the parliamentary authority or written rule must thereafter be complied with. If it is then desired to follow the former practice, a special rule of order (or, in appropriate circumstances, a standing rule or a bylaw provision) can be added or amended to incorporate it."