Executive Committee Constituted in VIolation of the Bylaws

[Guest Zev]

Regardless of whether there is a new election or not, is it not true that whatever motions were enacted by votes of the then-illegally elected members would need to be ratified or declared void if their votes could have affected the outcome?

[jstackpo]

Yes, but only, as you noted, "if their votes could have affected the outcome".  RONR, page 416.

[J. J.]

On 11/17/2017 at 9:48 PM, SaintCad said:

But the point still remains that those ellected illegally could not vote for that amendment which is a concern of the OP.

Yes, if: 

 

A.  this committee has a role in approving the bylaw amendment.

B.  The votes of these two effect the results.

[Bruce Carter]

Sorry not to have responded sooner. My understanding of the proposed resolution of this issue is:

1. A bylaw ammendment to accept the results of a previously held (but inconsistent with the bylaws) as outlined by JJ would be appropriate to, in essence, validate the results of the election retroactively. (This despite the admonitions about making temporary changes in the bylaws; I'd find the exact reference but am about to go off to another meeting.) This solution is very appealing to the members of the (illegally constituted?) Executive Committee and the ad hoc committee on Bylaws which it appointed.

Question: would it be possible to pass a simple motion to accept the the results rather than passing a bylaw amendment (which then permanently appears in the Bylaws until modified out)?

Thanks for the advice.

[SaintCad]

I think not.  I do not believe bylaw violations can be handwaved away simply by a vote.   Admittedly through Points of Order and Appeal the assembly could try to handwave it away but for that to work you basically have an assembly that needs to admit "Yeh we violated the bylaws but we don't care." and in that case why even pretend to have bylaws.

[J. J.]

On 12/1/2017 at 10:11 AM, Bruce Carter said:

Question: would it be possible to pass a simple motion to accept the the results rather than passing a bylaw amendment (which then permanently appears in the Bylaws until modified out)?

 

No.  That motion would be in conflict with the current bylaws and therefor out of order.