Suspend the Rules in Bylaws

[Brad B.]

More than 90% of the members of a small organization attend each meeting.      Bylaws appear to be a combination typical bylaw provisions, special rules of order, and standing rules; and bylaws allow majority of the entire membership to suspend any bylaw provision.    It appears that suspension of previous notice for amendments could not occur if any member is absent, but would any other limitation apply?   Can an organization actually suspend a rule that is fundamental principle of parliamentary law?

[Bruce Lages]

If the organization has adopted RONR as its parliamentary authority, rules that encompass fundamental principles of parliamentary law may not be suspended (p. 263, ll.15-18). According to RONR, rules contained in the bylaws may not be suspended unless they are in the nature of rules of order or provide for their own suspension (p.263, ll. 1-7). However, if your bylaws say that a majority of the entire membership can suspend any bylaw provision, then that would take precedence over the rules in RONR.

Let's hope you did not include any fundamental principles of parliamentary law in your bylaws.

[Dan Honemann]

34 minutes ago, Brad B. said:

More than 90% of the members of a small organization attend each meeting.      Bylaws appear to be a combination typical bylaw provisions, special rules of order, and standing rules; and bylaws allow majority of the entire membership to suspend any bylaw provision.    It appears that suspension of previous notice for amendments could not occur if any member is absent, but would any other limitation apply?   Can an organization actually suspend a rule that is fundamental principle of parliamentary law?

I gather that there is a requirement in your bylaws that previous notice must be given of proposed bylaw amendments, and I'm curious as to why you say that it appears that this rule cannot be suspended.

[Brad B.]

Both bylaws and RONR allow the suspension of that rule for previous notice of amendments, but RONR creates a limitation -- cannot suspend if any member absent.    Wouldn't a more specific bylaw suspension authorization be needed here - "Notwithstanding any rule in the parliamentary authority to the contrary, the notice requirement may be suspended at any time."   Or, is the blanket suspension authorization sufficient to negate the applicability of the RONR limitation? 

[Dan Honemann]

1 minute ago, Brad B. said:

Both bylaws and RONR allow the suspension of that rule for previous notice of amendments, but RONR creates a limitation -- cannot suspend if any member absent.    Wouldn't a more specific bylaw suspension authorization be needed here - "Notwithstanding any rule in the parliamentary authority to the contrary, the notice requirement may be suspended at any time."   Or, is the blanket suspension authorization sufficient to negate the applicability of the RONR limitation? 

I see no reason why a bylaw provision which says, in effect, that any bylaw provision may be suspended by the vote of a majority of the entire membership would not apply to a bylaw provision requiring previous notice of motions.

[Brad B.]

On 10/25/2018 at 10:52 AM, Daniel H. Honemann said:

I see no reason why a bylaw provision which says, in effect, that any bylaw provision may be suspended by the vote of a majority of the entire membership would not apply to a bylaw provision requiring previous notice of motions.

And any rule located only in the parliamentary authority could also be suspended by a majority of the entire membership?

[Dan Honemann]

12 minutes ago, Brad B. said:

And any rule located only in the parliamentary authority could also be suspended by a majority of the entire membership?

I think it will be necessary to read the bylaws in their entirety before making any effort to answer this question.

[Guest Who's Coming to Dinner]

On 10/25/2018 at 8:46 AM, Brad B. said:

Or, is the blanket suspension authorization sufficient to negate the applicability of the RONR limitation? 

I would say yes. Every rule in RONR is subject to contravention by the bylaws. If they truly "allow majority of the entire membership to suspend any bylaw provision," then even bylaws which embody a so-called fundamental principle may be thus suspended.