Can an Executive Order superceed a bylaw prohibition?

[Guest GoodTrouble PTA]

Our state PTA has issued guidance that the governors Executive order allows and requires virtual meetings for local units to abide, although the written bylaws for each local unit includes the statement "Three (3) days’ notice shall  be given of a cancellation or change of date or time unless emergency conditions prevent such notice being given. Meetings conducted by videoconference or teleconference shall be prohibited."

Particular verbiage omitted in the relay of information from the Executive order includes all items except item 11.  Is this a valid interpretation?  Should there ever be an encouragement to amend the bylaws to include virtual meetings?

 

[Joshua Katz]

Although it has an impact on parliamentary procedure, the real question here is a legal question, and is therefore beyond the scope of this forum. 

[Josh Martin]

11 hours ago, Guest GoodTrouble PTA said:

Our state PTA has issued guidance that the governors Executive order allows and requires virtual meetings for local units to abide, although the written bylaws for each local unit includes the statement "Three (3) days’ notice shall  be given of a cancellation or change of date or time unless emergency conditions prevent such notice being given. Meetings conducted by videoconference or teleconference shall be prohibited."

Particular verbiage omitted in the relay of information from the Executive order includes all items except item 11.  Is this a valid interpretation?  Should there ever be an encouragement to amend the bylaws to include virtual meetings?

Procedural rules in applicable law take precedence over an organization's own rules, including the bylaws. While RONR does not specifically address the question of whether this includes executive orders issued by a governor, it seems to me that it would, assuming the executive orders in question are authorized by law.

The meaning of a particular executive order or whether a particular executive order is authorized by law are questions for an attorney.

Edited September 1, 2020 at 02:44 PM by Josh Martin