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Can a President break the rules?


Guest Pamela Strickland
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Guest Pamela Strickland

Can the President of an organization with by-laws break them by making an "executive decision" when no such thing exists in the rules?

Examples:

1. All vehicles in the show must be year model 1970 or earlier. No members may park a later year model vehicle in the show area.

This is the rule above but the President allowed one of the members to break it and said "I made an executive decision because she had paid for her space and her car did not get fixed on time but she had another vehicle that is a 1972 and I allowed it."  I would not think he would be allowed to make such a decision.

2.  The silent auction winners or Accessory sales purchases must be paid for in cash unless you are a member. We will only take a check from a member.

The president said he "trusted" the buyer and allowed for the check to be accepted. Can he do this?

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11 hours ago, Guest Pamela Strickland said:

Can the President of an organization with by-laws break them by making an "executive decision" when no such thing exists in the rules?

Examples:

1. All vehicles in the show must be year model 1970 or earlier. No members may park a later year model vehicle in the show area.

This is the rule above but the President allowed one of the members to break it and said "I made an executive decision because she had paid for her space and her car did not get fixed on time but she had another vehicle that is a 1972 and I allowed it."  I would not think he would be allowed to make such a decision.

2.  The silent auction winners or Accessory sales purchases must be paid for in cash unless you are a member. We will only take a check from a member.

The president said he "trusted" the buyer and allowed for the check to be accepted. Can he do this?

No, but it is up to the assembly to reprimand, censure, or otherwise discipline him.  It doesn't just happen by itself.

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Guest Who's Coming to Dinner

The President does not have the power to change standing rules, but his duty of enforcement may be subject to a certain amount of discretion. It really depends on what administrative discretion your bylaws and other rules give to this officer. If none, then yes, discipline is called for.

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