Guest Guest Posted April 17, 2024 at 06:23 PM Report Share Posted April 17, 2024 at 06:23 PM Our organization has a Constitution and By-laws. We have very specific timing and methods of amending our by-laws (certain months, written anonymous ballots, notice to all members, etc.). This month, we are reviewing a budget. This budget will be based on more dues than is currently established in our by-laws. The presenters are trying to say that if the budget should pass, then our dues must increase to be in "conformance" with the new budget and they will just increase them. They are using RR 12th Edition, 12:15 as their back up. I do not think this is the intent of that section nor can you change a by-law without following all of the requirements of our amending our by-laws that are existing rules. Can this section be used in that manner? Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted April 17, 2024 at 06:29 PM Report Share Posted April 17, 2024 at 06:29 PM They have it backwards. The chair should rule out of order a motion that conflicts with the bylaws, including a motion to adopt a budget with dues that are higher than authorized in the bylaws. The reference is 10:26(1). Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted April 17, 2024 at 08:38 PM Report Share Posted April 17, 2024 at 08:38 PM On 4/17/2024 at 2:23 PM, Guest Guest said: Our organization has a Constitution and By-laws. We have very specific timing and methods of amending our by-laws (certain months, written anonymous ballots, notice to all members, etc.). This month, we are reviewing a budget. This budget will be based on more dues than is currently established in our by-laws. The presenters are trying to say that if the budget should pass, then our dues must increase to be in "conformance" with the new budget and they will just increase them. They are using RR 12th Edition, 12:15 as their back up. I do not think this is the intent of that section nor can you change a by-law without following all of the requirements of our amending our by-laws that are existing rules. Can this section be used in that manner? Of course not. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted April 18, 2024 at 07:38 PM Report Share Posted April 18, 2024 at 07:38 PM (edited) On 4/17/2024 at 1:23 PM, Guest Guest said: The presenters are trying to say that if the budget should pass, then our dues must increase to be in "conformance" with the new budget and they will just increase them. Unless your bylaws provide for this unusual procedure, this is all nonsense. Ordinarily, if the dues are included in the bylaws, then the bylaws must be amended to increase the dues. On 4/17/2024 at 1:23 PM, Guest Guest said: They are using RR 12th Edition, 12:15 as their back up. I do not think this is the intent of that section nor can you change a by-law without following all of the requirements of our amending our by-laws that are existing rules. Can this section be used in that manner? What is said in 12:15 applies to a situation where there is a need for conforming amendments within the same document. It does not give license to modify some other document, especially if the other document has a higher threshold for its amendment. Edited April 18, 2024 at 07:38 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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