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procedural remedy for good faith procedural mistake


Guest nathan
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It may be that an organization i am a part of collected fees on an out of order vote. the vote was taken in good faith year after year and It has just come to the body's attention that the vote was out of order being taken as a standing rule and not a bylaw amendment. the body has used this money with 3rd parties (all money spent has been within the rules of the constitution.) and would be in all likelihood severely disadvantaged if not insolvent if the totality of the funds where returned. Is there a procedural remedy that will restore the previous fee and keep the organization solvent 

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Presumably, the easiest remedy, if available, is no one raising a point of order, and amending your bylaws as soon as possible.  Beyond that, the usual remedy for taking actions that exceed authority is ratification, but this motion is only available when the body would have had the authority in the first place.  Perhaps ratification would be appropriate by the same process and vote threshold as required for bylaw amendment?  One of my betters will weigh in on that, I'm sure.

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I have an idea to create a motion that amends the by laws to assess the fee for the given years and then considers the fees paid so long as the member had paid the initial fees. it would have to have a 2/3  vote with notice etc and the body would most likely wish to suspend the rules to make it secret because that has become a concern for some. could something like that work?

 

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