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Violation of bylaws


Guest Tom GermainI
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The question posed seems somewhat  mis-stasted  . If a "violation of the bylaws occurs" - then a violation of the bylaws occurs . If no one takes exception to that violation  or complains that does not  mean a violation has not occurred , or that it is cured by absence of complaint . It  may mean that no one  knows it is occurring ( common place ) or that some don't care it's occurring ( not uncommon  ) .  Arguably  the true  issue  is whether or not the violation is substantive or otherwise .  Does it have the effect of nullifying  an action taken at the meeting . Depends on what that violation was . If the bylaws provide that the organization not buy land in Zanadu and a motion has been made  to purchase land in Zanadu - then the carried motion is null and void . If the violation is  merely procedural then it is not null and void  and only of passing note although members should  be informed as to the occurrence  and remedial approach 

LLP

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1 hour ago, Guest Tom GermainI said:

If a violation of the bylaws occurs and no one objects is there no violations? 

As written, this seems more like a philosophical question than a parliamentary one. :)

I think the real question is “If a violation of the bylaws occurs and there was no objection at the time, what can/should be done about it now?” The answer to that question requires more details about what exactly happened.

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I noticed that violations that result in a continuing breach, need to be ratified, etc. are violations of action, that is the Board or Chair took action in violation of the bylaws.  Short of disciplinary action or a timely Point of Order, is there anything members can do for violations of inaction i.e. not doing something required in the bylaws?  For example suppose under the bylaws the President is supposed to assemble all of the standing committee chairs to approve the budget in January but the President doesn't and it's now June.

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9 minutes ago, SaintCad said:

I noticed that violations that result in a continuing breach, need to be ratified, etc. are violations of action, that is the Board or Chair took action in violation of the bylaws.  Short of disciplinary action or a timely Point of Order, is there anything members can do for violations of inaction i.e. not doing something required in the bylaws?  For example suppose under the bylaws the President is supposed to assemble all of the standing committee chairs to approve the budget in January but the President doesn't and it's now June.

I think it would be best to post this question as a new topic, so as not to distract from the OP’s question if/when he follows up with more details.

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Applying  quantum physics - perhaps  a violation of the bylaws occurs only when a member detects that a violation has occurred . When a  violation is not observed ,or detected,  it has not occurred . Can quantum physics perhaps  resolve  parliamentary  issues  ? And  should a Part on Quantum P  , be considered for the 12th edition  RONR ? 

LLP 

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