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Can a floor motion/vote supersede the by-laws at any time?


Captain-Jim
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The By-Laws of our organization state:

” No squad officer shall hold an Office on another First Aid Squad or Fire Department”

We are a totally volunteer organization and the other First Aid Squads or Fire Departments in our area all volunteer also.

My question is can a motion be made to disregard the by-law for the rest of the year. The problem is that we have no one qualified to fill a position that will be left vacant by an officer that now holds a position in the first aid and fire department.

 

All officers of our organization are nominated and elected by close ballot.

 

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Then you turn to Chapter 20 on Discipline.

Or declare the office vacant as soon as you get confirmation from the other Squad that the person is indeed in the office.

Or.... [when rules are ignored, the possibilities are endless, lawsuit anybody?]

Or... Since first aid / fire departments are, presumably, under some municipal or state law,s have a lawyer check.  It might turn out that your rule is illegal and cannot be enforced.  Who knows?

Or ...

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10 hours ago, Captain-Jim said:

Thanks jstackpo. There is now more to this issue.

I am the president & already know that this will be an issue at our meeting this week. I have heard that the person at the center of this will not leave/resign his post with us as stated in the by-laws.

He has no choice in the matter. Your bylaws provide that he is not eligible for the office. A member may therefore raise a Point of Order that his election was and is null and void. The chair will rule this point “well taken” (meaning he agrees) or “not well taken” (meaning he disagrees) and must provide his reasoning. The chair’s ruling may be appealed from. A majority vote is required to overturn the chair’s ruling.

Edited by Josh Martin
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If, on appeal, a majority vote to overturn the chair's ruling concerning the proper application of a particular bylaw provision, that majority is not overruling the bylaw provision, it's overruling the chair's ruling. This may be based upon a legitimate disagreement as to how the bylaw should be interpreted, or a legitimate disagreement as to relevant facts.

 

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