Welfare and Trust Fund not included in the Bylaws

[Jhing Sy]

Our Welfare and Trust Fund is not included in our Bylaws - whether in the Standing or Special committee. However, the past administration was able to withdraw a big amount of money to be used as "seed money" for the said WaTF without the explicit approval of the Board that it be withdrawn. It was only discussed at that time as per our sources. TYhe Board minutes were not turned over to the new administration but we have a copy of the financial report of the past administration

there is a provision in our Bylaws under Duties and Functions of Officers - President - that states "The President CAN CREATE A COMMITTEE WHEN THE NEED ARISES and appoint heads of Standing and Special committees"

My questions are :
1. Can the President use this particular provision as a means to justify the withdrawal of the money for the supposed creation of our WaTF?
2. Should a  Board resolution to that effect be issued? The past administration does not have one.
3. Should the Welfare and Trust Fund be actually included  in our Bylaws? and not a "hidden or "silent" Committee not explicitly written in the Bylaws?
4. May i ask for whatever legalities that may ensue because of this act?

Our Bylaws are silent on so many things. That is why the general membership is looking into amending our Bylaws.

Thank you for your expeditious reply and guidance.

[Josh Martin]

On 2/18/2024 at 9:52 PM, Jhing Sy said:

1. Can the President use this particular provision as a means to justify the withdrawal of the money for the supposed creation of our WaTF?

No. The provision in question authorizes the President to create a committee, not to withdraw money or create a trust fund. So I suppose the President could create a "Welfare and Trust Fund Committee," but that committee won't have a lot to do unless the board authorizes the creation of the Welfare and Trust Fund.

On 2/18/2024 at 9:52 PM, Jhing Sy said:

2. Should a  Board resolution to that effect be issued? The past administration does not have one.

I have not read your bylaws and seen exactly what authority they grant to the officers, but speaking generally, I am inclined to think that if it is desired to continue this fund, it should be authorized by the board. The officers only have such authority as is granted by the bylaws. (Technically the board also only has the authority granted by the bylaws. But the authority granted to a board is often broader than what is granted to individual officers. But still, you'll want to double-check whether the board has the authority to create this fund either.)

On 2/18/2024 at 9:52 PM, Jhing Sy said:

3. Should the Welfare and Trust Fund be actually included  in our Bylaws? and not a "hidden or "silent" Committee not explicitly written in the Bylaws?

I leave that to the membership's discretion. Certainly, the committee, the fund, or both could be added to the bylaws, but I believe they could also be established by lower-level rules or by resolution, as your bylaws explicitly provide for the creation of additional committees.

It likely seems desirable to have some rules on this matter, whether in the bylaws or a separate document.

On 2/18/2024 at 9:52 PM, Jhing Sy said:

4. May i ask for whatever legalities that may ensue because of this act?

Questions concerning legal matters are beyond the scope of RONR and this forum and should be directed to an attorney.

Edited February 19, 2024 at 02:43 PM by Josh Martin