OUT OF ORDER MOTION

[Guest Ray York]

The By Laws 'have identified five standing committees' each with designated responsibilities to the Board of Directors and the Association.  A motion is brought to the membership to split a standing committee into two separate committees with the responsibilities divided between the two separate committees.  The motion was not presented as a By Law change or requiring a By Law change.  The process we have is that a motion to the membership is to be mailed to them 30 days before the meeting and the motion may not be amended at the meeting. 

Robert's Rule of Order:  Motions that conflict with the corporate charter, constitution, or bylaws of a society, or with procedural rules prescribed by national, state or local laws, are out of order, and if any motion of this kind is adopted, it is null and void.

The splitting of a standing committee and forming another committee is in conflict with the by Laws and therefore would it not be considered 'out of order'?

If the motion is out of order, does that mean the motion should not be voted on?

 

Thanks,

R.A.Y.

[Gary Novosielski]

Yes, it does.  If standing committees are listed in the Bylaws then that list may not be changed except by amending the bylaws.  Adding a standing committee, removing one, or splitting one into multiple parts would all require a bylaws amendment, and an attempt to do that with a simple main motion would be out of order.  If improperly adopted, such an action would be null and void.

Edited June 9, 2019 at 07:52 PM by Gary Novosielski

[Guest Zev]

56 minutes ago, Guest Ray York said:

The process we have is that a motion to the membership is to be mailed to them 30 days before the meeting and the motion may not be amended at the meeting. 

When you say "may not be amended at the meeting," is that wording found in the bylaws or somewhere else?

[J. J.]

However, the committee may be able to appoint a subcommittee (p, 497. ll.14-19). 

[Guest Ray York]

6 hours ago, Guest Zev said:

When you say "may not be amended at the meeting," is that wording found in the bylaws or somewhere else?

It is found somewhere else - in our operating procedures

[Guest Zev]

I apologize for the slightly off-topic comment. The answer continues to be as Mr. Novosielski has indicated.