BOD authority to change a house rule?

[Guest jp_bay_area]

Our social club passed a house rule by a vote at a Member Meeting.  Does the BOD have the authority to change this rule, or does it have to go back to the members?

RONR(12 ed.)49:7 leads me to believe that the BOD cannot change this rule because it was made by a vote of the Members.  

[Josh Martin]

On 4/9/2023 at 7:10 PM, Guest jp_bay_area said:

Our social club passed a house rule by a vote at a Member Meeting.  Does the BOD have the authority to change this rule, or does it have to go back to the members?

RONR(12 ed.)49:7 leads me to believe that the BOD cannot change this rule because it was made by a vote of the Members.  

You are entirely correct, and that is the correct citation. If a rule is adopted by the club's membership, only the club's membership has the authority to change the rule.

Edited April 10, 2023 at 12:20 PM by Josh Martin

[Gary Novosielski]

On 4/9/2023 at 8:10 PM, Guest jp_bay_area said:

Our social club passed a house rule by a vote at a Member Meeting.  Does the BOD have the authority to change this rule, or does it have to go back to the members?

RONR(12 ed.)49:7 leads me to believe that the BOD cannot change this rule because it was made by a vote of the Members.  

You are right. 

The only thing you might add at the end is a mic drop. 🎤

(And just to be crystal clear, it doesn't "have to" go back to the members; the members can take the question up again if they choose to, but the board can't force them to consider it again.  But you knew that. )

[Guest jp_bay_area]

On 4/10/2023 at 7:21 AM, Gary Novosielski said:

You are right. 

The only thing you might add at the end is a mic drop. 🎤

(And just to be crystal clear, it doesn't "have to" go back to the members; the members can take the question up again if they choose to, but the board can't force them to consider it again.  But you knew that. )

Follow-up question, based on your reply.

Can the BOD make a motion to amend the rule, and send that motion to amend to the members?

[Josh Martin]

On 4/10/2023 at 2:58 PM, Guest jp_bay_area said:

Can the BOD make a motion to amend the rule, and send that motion to amend to the members?

Yes, the board could adopt a recommendation to amend the rule, and include that recommendation as part of its report at a membership meeting. The reporting member could make the motion on behalf of the board.

[Guest jp_bay_area]

On 4/10/2023 at 1:01 PM, Josh Martin said:

Yes, the board could adopt a recommendation to amend the rule, and include that recommendation as part of its report at a membership meeting. The reporting member could make the motion on behalf of the board.

If the reporting member makes the motion on behalf of the board, does it require a second?

RONR(12th. ed.) 4:11 indicates that a second would not be required because it is coming from the Board.

[Josh Martin]

On 4/10/2023 at 3:57 PM, Guest jp_bay_area said:

If the reporting member makes the motion on behalf of the board, does it require a second?

No, it does not require a second.

[Gary Novosielski]

On 4/10/2023 at 3:58 PM, Guest jp_bay_area said:

Follow-up question, based on your reply.

Can the BOD make a motion to amend the rule, and send that motion to amend to the members?

If the board presents reports to the membership, they could include a motion on behalf of the board in their report.  

But think an argument could be made that a motion made in a board meeting to attempt to contravene a decision of the membership might not be in order.

Edited April 11, 2023 at 02:34 AM by Gary Novosielski

[Josh Martin]

On 4/10/2023 at 9:30 PM, Gary Novosielski said:

But think an argument could be made that a motion made in a board meeting to attempt to contravene a decision of the membership might not be in order.

Sure, but making a recommendation to the membership to change the rule, so long as the board continues to faithfully follow the rule unless and until it is changed, is not an "attempt to contravene a decision of the membership."

[Gary Novosielski]

On 4/11/2023 at 7:31 AM, Josh Martin said:

Sure, but making a recommendation to the membership to change the rule, so long as the board continues to faithfully follow the rule unless and until it is changed, is not an "attempt to contravene a decision of the membership."

I get your point, but recall that in this case the board was suspected of intent to implement their desired change(s) without even going to the membership, so an increased measure of vigilance would be in order, I think.

[Guest jp_bay_area]

On 4/10/2023 at 5:19 AM, Josh Martin said:

You are entirely correct, and that is the correct citation. If a rule is adopted by the club's membership, only the club's membership has the authority to change the rule.

Thank you the advice has been very helpful.

Follow-up question: Let's say the rule change is sent to the members.  

1. This would be classified as a Motion to Amend Something Previously Adopted. RONR(12 ed.) 35.  Correct?

2. Since this is a motion to amend something previously adopted, and because it is a house rule, if the motion to amend something previously adopted appears in the Call for the member meeting then it requires only a majority vote RONR(12 ed) 35:2(7)(b) (because it was in the notice, and is not a bylaw/constitution/special rule of order)?

[Gary Novosielski]

Yep, you've got it.