Motion conflicting with bylaws was adopted

[Dean Strong]

What happens when a motion that should have been ruled out of order because it conflicts with the bylaws was adopted?

At our regional church body, which meets quarterly and is governed by Roberts Rules, recently elected various commissions required by the bylaws.  They require that each commission consist of half ruling elders (lay people) and half teaching elders (clergy), divided into three equal classes, "one of which shall be elected annually."  The nominating committee carefully attends to these requirements when presenting its slate, but at this meeting, nominations came from the floor, which are rare, to fill vacant seats.  This resulted in an imbalance of too many teaching elders on one commission, and on another all members the same class, when three equal classes are required.  Since nominations from the floor are very rare, and the body was delighted to have these seats filled, the Chair did not catch the error at the time, and after these nominations were accepted in addition to the slate from the nominating committee, the motion to elect was adopted.

A week later the error was discovered.

RONR 11th Ed. page 111 addresses motions that conflict with the bylaws but provides no provision for nullifying such a motion after it is adopted.  I read in another post that this provision was included in previous additions. 

Is a motion to rescind/amend something previously adopted the only way to fix this?

[Josh Martin]

30 minutes ago, Dean Strong said:

What happens when a motion that should have been ruled out of order because it conflicts with the bylaws was adopted?

At a future meeting, the motion may be ruled null and void.

30 minutes ago, Dean Strong said:

RONR 11th Ed. page 111 addresses motions that conflict with the bylaws but provides no provision for nullifying such a motion after it is adopted.  I read in another post that this provision was included in previous additions. 

It’s in this edition too. See RONR, 11th ed., pg. 251.

30 minutes ago, Dean Strong said:

Is a motion to rescind/amend something previously adopted the only way to fix this?

No, and in fact, a motion to Rescind/Amend Something Previously Adopted cannot fix this, since an election cannot be rescinded. A Point of Order (followed by an Appeal if necessary) is the only way to fix this.

I would also note, however, that since the body has had such trouble filling these positions, it may be desirable to consider amending the bylaws on this matter, so that these persons may then be properly elected to fill the positions.

Edited January 23, 2019 at 05:08 PM by Josh Martin

[Dean Strong]

Thanks for your reply and reference to page 251.  So in this case, a point of order "can be made at any time during the continuance of the breach."  I'm assuming that would have to come at the next meeting; that there is no way to raise a question of order between meetings, and until that occurs, the actions stands.  

[George Mervosh]

5 minutes ago, Dean Strong said:

Thanks for your reply and reference to page 251.  So in this case, a point of order "can be made at any time during the continuance of the breach."  I'm assuming that would have to come at the next meeting; that there is no way to raise a question of order between meetings, and until that occurs, the actions stands.  

You are correct that a point of order and whatever follows can only be done at a regular or properly called meeting with a quorum present.