Suspending Bylaws Experiences

[monty]

I would appreciate reading any experiences members have encountered when a bylaws provision was suspended (as provided for in the bylaws for their own suspension).  I'm trying to better understand why suspending one or more bylaws provisions would benefit an assembly - except to be able to do something they probably shouldn't do.

[George Mervosh]

Term limits might be a front-runner in the usefulness of a clause allowing for its own suspension.  Many groups have trouble recruiting officers due to dwindling membership rolls and lack of interest and having an officer serve an extra year may be essential to the group's continuing orderly existence.

[monty]

Thank you for the good point.  It would come in very handy for those folks who don't have "...or until their successor is elected." in the term limits section of their bylaws.

[Bruce Lages]

Our organization has an initiation fee in addition to annual dues. When the membership level drops, or competing organizations make special offers for new members, it is advantageous for us to be able to suspend our initiation fee in order to stay competitive. We have written the self- suspending clause into our bylaws for just that purpose, and it avoids having to go through the entire bylaw amendment procedure.

[monty]

Both examples deal with suspending a specific provision for good reason; not just a blanket ability to suspend any provision(s) the assembly wishes at any particular time.  Is the blanket approach something to avoid then?

[Richard Brown]

1 hour ago, monty said:

Both examples deal with suspending a specific provision for good reason; not just a blanket ability to suspend any provision(s) the assembly wishes at any particular time.  Is the blanket approach something to avoid then?

I think most of us who are regulars here would answer that question with, "Yes, definitely".

[Bruce Lages]

11 hours ago, monty said:

Both examples deal with suspending a specific provision for good reason; not just a blanket ability to suspend any provision(s) the assembly wishes at any particular time.  Is the blanket approach something to avoid then?

Perhaps you could clarify this statement -  "a blanket ability to suspend any provision(s) the assembly wishes..." This sounds like these bylaws are either strewn with self-suspending clauses throughout, or have one self-suspending clause that applies to many sections. To me, both of these possibilities should be avoided.

[monty]

5 hours ago, Bruce Lages said:

Perhaps you could clarify this statement -  "a blanket ability to suspend any provision(s) the assembly wishes..." This sounds like these bylaws are either strewn with self-suspending clauses throughout, or have one self-suspending clause that applies to many sections. To me, both of these possibilities should be avoided

ARTICLE X - ORDER OF BUSINESS

(c) These Bylaws or any part thereof may be suspended by a three-fourths (3/4) majority vote of the voting delegates at a Federation meeting. 

The organization's bylaws committee is proposing yet unknown amendments for adoption at the upcoming convention, and I am seriously considering to move that the cited section be either deleted entirely or amended to include very specific language concerning exactly which section(s) may be suspended and, if amended, deleting the language authorizing the ability to suspend "These Bylaws...." in their entirety (without the specificity to very limited provisions).  I'd also probably ask for a 2/3rds majority vote, rather than the current 3/4's majority vote.

I've followed this forum for a number of years and thought the opinions of active members would support avoiding language that permitted the suspension of the bylaws as a whole, as stated in the above quote.  Thank you all for your prompt and thoughtful opinions.

[Joshua Katz]

What happens next?  "The bylaws are suspended - who says the chair should preside?  We don't even know how that guy got there - we don't have a parliamentary authority or election procedure!  Say, what's the name and purpose of this organization?  When does it have meetings?  How did this meeting get called, since we don't have regular meetings, nor do we have a provision for special meetings."

This is one reason it is wise to follow the rules in RONR, which specify that "suspend the rules" specifies the purpose, not the rules to be suspended.  Sure, you can modify the rules by what you put in your bylaws - but the rules exist for a reason, so care should be exercised in modifying them.

[Gary Novosielski]

The bylaws are where you put things that you don't want to be suspended.  Having a clause that allows suspending everything in the bylaws would arguably cause the entire organization to vanish.