New Rule

[glaufman]

Our club has a document titled "Rules and Regulations" that amounts to a number of Standing Rules.  There is no reference to how this document may be modified, except in the Constitution, describing the Board of Trustees, says "They shall make such rules as they deem proper for respecting the use of the clubhouse and grounds, ..." 

A new standing rule was proposed at a Board Meeting.

Being a new rule, is it subject only to a majority vote?  Or since it would be added to the Rules and Regulations, is it an ammendment to a previously adopted document requiring a 2/3 vote?

[Dan Honemann]

On 4/19/2023 at 11:44 AM, glaufman said:

Our club has a document titled "Rules and Regulations" that amounts to a number of Standing Rules.  There is no reference to how this document may be modified, except in the Constitution, describing the Board of Trustees, says "They shall make such rules as they deem proper for respecting the use of the clubhouse and grounds, ..." 

A new standing rule was proposed at a Board Meeting.

Being a new rule, is it subject only to a majority vote?  Or since it would be added to the Rules and Regulations, is it an ammendment to a previously adopted document requiring a 2/3 vote?

If, as is most likely, this document your refer to is simply a compilation of rules previously adopted, and not something which was itself adopted as a single complete, unitary instrument such a charter or bylaws, rules can be added to it (or subtracted from it) simply by the adoption (or recission) of the rule itself.  If this new rule is, in fact, a standing rule, and not a special rule of order, its adoption will require only a majority vote.

[glaufman]

Thank you.

Followup:

Then rescinding this rule at a later date would require (assuming a quorum is present) a 2/3 vote (without previous notice) or majority of those voting (w/ previous notice) or majority of entire Board?

[J. J.]

On 4/19/2023 at 2:55 PM, glaufman said:

Thank you.

Followup:

Then rescinding this rule at a later date would require (assuming a quorum is present) a 2/3 vote (without previous notice) or majority of those voting (w/ previous notice) or majority of entire Board?

Either one of those three opinions will work.

 

[glaufman]

Just to be sure I'm clear...

To rescind this rule later, a simple majority vote is not sufficient if prior notice is not given?

[J. J.]

On 4/19/2023 at 6:01 PM, glaufman said:

Just to be sure I'm clear...

To rescind this rule later, a simple majority vote is not sufficient if prior notice is not given?

You are correct, unless that majority is also a majority of the entire membership of the board.

[Atul Kapur]

On 4/19/2023 at 6:01 PM, glaufman said:

Just to be sure I'm clear...

To rescind this rule later, a simple majority vote is not sufficient if prior notice is not given?

Agreeing with J.J., I also note that this is the same requirement for rescinding any motion that is still in effect, other than a constitution, bylaws, or special rules of order. See RONR (12th ed.) 35:2(2) & (7) and 2:23