standing rules

[Guest farmer]

Are standing rules the same as policy and proceedures.  How are they the same or different.

[Chris Harrison]

Some policies and procedures can be Standing Rules but they can also be Special Rules of Order or they can be located in the organization's Bylaws or Constitution and each of them has a different voting requirement to adopt or change.  If you can give us more detail in exactly you are wanting to know we may be of more help.

[Guest farmer]

On page 487 lines 13-24 board records can be made available to members with a 2/3 vote of members. This refers to board records I believe.  On page 459 lines 13-17 says that the secretary shall maintain record books containing special rules of order and standing rules available for member meetings.  My question is do board policies and proceedures created and approved by the board need to be available in the secretary's reocord books on hand at member meetings.

[Gary Novosielski]

There's really no need to have board procedures on hand for membership meetings, since the board per se is not present during membership meetings, and the membership is not bound by board policies.  But if there is something the membership wishes to review, then that's a reason to have the documents available.

But I'm curious about these policies of, by, and for the board.  Boards have limited authority to adopt rules for themselves, since any rules so adopted must not conflict with the bylaws, and if they do not conflict, why are they necessary? The board is already bound by all the rules in the  bylaws. 

In most cases, standing rules, policies, procedures, and instructions that apply to the board or to the membership are adopted by the membership.  There may be exceptions, but it's hard to tell given the level of detail than we know.

 

Edited October 30, 2019 at 07:35 PM by Gary Novosielski

[Guest farmer]

There are several items the board has adopted that are not voted on by members and are very unfriendly to the organization.  One is the discipline and method of removing a person from membership placced in their policies and proceedures.   There is no reference to this in the constitution that we adopted as members. It has not been brought forward to the members for adoption.  Our constitution only says that the board has the right to establish policies and proceedures.  

[Josh Martin]

3 hours ago, Guest farmer said:

There are several items the board has adopted that are not voted on by members and are very unfriendly to the organization.  One is the discipline and method of removing a person from membership placced in their policies and proceedures.   There is no reference to this in the constitution that we adopted as members. It has not been brought forward to the members for adoption.  Our constitution only says that the board has the right to establish policies and proceedures.  

What exactly does your constitution say regarding the board’s ability to establish policies and procedures? Additionally, what, if anything, does your constitution (or other rules of the society) say regarding removing a person from membership?

Edited October 31, 2019 at 01:05 AM by Josh Martin

[Guest farmer]

Article XI- Policies and procedures.  Policies and procedures are set in place to govern and guide the activities of the 'society.  Policies and Procedures may be altered, amended, or repealed and replaced at any meeting of the Board of Officers by a two-thirds majority of the officers present, provided that any such changes are consistent with the provisions of this Constitution and the laws of the state of Ohio.   

There is nothing in the Constitution regarding removing a person from membership

      

 

[Josh Martin]

19 hours ago, Guest farmer said:

Article XI- Policies and procedures.  Policies and procedures are set in place to govern and guide the activities of the 'society.  Policies and Procedures may be altered, amended, or repealed and replaced at any meeting of the Board of Officers by a two-thirds majority of the officers present, provided that any such changes are consistent with the provisions of this Constitution and the laws of the state of Ohio.   

There is nothing in the Constitution regarding removing a person from membership

Based on these additional facts, I would make the following observations:

• I concur with my colleagues that rules adopted by a board, for the board’s own use, are not records of the society. Rather, they are records of the board, and only board members have a right to view them. Nonetheless, the membership may order the board to share these rules with the membership if it wishes to do so.
• Robert’s Rules only authorizes a board to adopt rules for its own use, and even then, such rules may not conflict with any of the rules adopted by the society, including the parliamentary authority. The rule provided here arguably goes further, authorizing the board to adopt rules for the society as a whole, since the rules are to “govern and guide the activities of the society.” If rules are adopted for the use of the society as a whole, however, then it seems to me that such rules are indeed records of the society and must be made available to members for review.
• Even with this more expansive authority, however, I am extremely doubtful that this rule is sufficient to authorize the board to adopt a rule granting itself the authority to expel members from the society. Such powers are reserved for the membership under Robert’s Rules (and only through specific procedures, discussed in Ch. XX), and it is clear that only a provision in the bylaws (or constitution, in your case) is sufficient to adopt alternative methods to expel a member.
• Additionally, I do not think the provision in question grants the board exclusive authority to adopt rules. As a result, the rules adopted by the board may be rescinded by the membership.
• It is, of course, ultimately up to the membership to interpret its own constitution, but it seems doubtful that the membership will be supportive of the board’s interpretation.

Therefore, my recommendation would be for the society to take the following actions:

• Adopt a motion ordering the board to make any and all rules adopted by the board available to the membership.
• Raise a Point of Order that the rule pertaining to expelling members from the society exceeds the board’s authority and is therefore null and void, followed by an Appeal if necessary.
• Rescind or Amend any other rules the society wishes to.
• If the board resists the membership’s orders in this matter, remove the board members and replace them with people who know how to follow orders. Check your bylaws and see FAQ #20.
• Finally, amend the constitution to clarify and restrict the board’s authority with regard to adopting rules.

Edited October 31, 2019 at 09:50 PM by Josh Martin

[Guest farmer]

Thanks for your extensive review of this situation.