Can membership make motion to suspend boards spending?

[Guest farmersdaughter]

Our by-laws allow the board to spend up to $1000.00 on non-budget items without the membership approved. However while keeping a close eye on the books if the membership continues to allow the board to spend money like this the POA will be over $8000.00 short to finish out this years business. That is only if no emergeny arise. In a membership meeting can the members make a motion to suspend the boards spending on no-budget items without changing the by-laws first. The motion I would like to make would be " Due to the current state of the POA budget I would move to suspend the boards ablitiy to spend any funds that are not already budgeted" I know I will have support of the membership however can we do this?

[David A Foulkes]

Our by-laws allow the board to spend up to $1000.00 on non-budget items without the membership approved. However while keeping a close eye on the books if the membership continues to allow the board to spend money like this the POA will be over $8000.00 short to finish out this years business. That is only if no emergeny arise. In a membership meeting can the members make a motion to suspend the boards spending on no-budget items without changing the by-laws first. The motion I would like to make would be " Due to the current state of the POA budget I would move to suspend the boards ablitiy to spend any funds that are not already budgeted" I know I will have support of the membership however can we do this?

The exact wording and interpretation of your bylaws would be needed to answer this precisely, and bylaw interpretation is not something indulged in here. On the surface, from what you've given so far, it would seem to require a bylaw amendment.

[hmtcastle]

can we do this?

Official Interpretations 2006-12 and 2006-13 might be helpful.

[Guest farmersdaughter]

Yes that link was helpfully !! I beleive that rescind would be the proper thing to do.. I told the other members that the board is only as powerful as we let them think they are!! We have a meeting on Sunday and I plan to RESCIND it. Thanks for you help I will let you know how it goes...

[Guest Nancy N.]

Yes that link was helpfully !! I beleive that rescind would be the proper thing to do.. I told the other members that the board is only as powerful as we let them think they are!! We have a meeting on Sunday and I plan to RESCIND it. Thanks for you help I will let you know how it goes...

Wait, come back.

I don't see how David's reply wasn't complete, and I don't see how the OYs apply -- they seem to me to be misleading. famersdaughter, what do you propose to rescind? The bylaw -- without amending the bylaws -- for pete's sake?

-- Yeah, I'm interested to see how it goes. (Please pardon my 4 AM grouchiness, I just woke up from a bad dream in which my brother handed me a receipt to turn in, and when we got to the front of the line I couldn't find it. (How embarrassing, but at least in this dream I had my pants on. Hm, maybe when therapy is over and I have these dreams about naked in public, I won't get embarrassment but applause). This came in the dream right after he showed me how he cleverly saves time by driving north on I-95 in the southbound lanes, when traffic is light because the roads are slushy. It probably won't work so well in Florida, Josh.)

[Trina]

Wait, come back.

I don't see how David's reply wasn't complete, and I don't see how the OYs apply -- they seem to me to be misleading. famersdaughter, what do you propose to rescind? The bylaw -- without amending the bylaws -- for pete's sake?

....

I share Nancy N.'s concern. If the board has recently made some of those less-than-$1000 spending decisions, but the decisions haven't yet been carried out, you could rescind those decisions, and probably avoid spending the allocated money (assuming no contracts have been signed, in which case you get into a different arena of problems). However, that doesn't do what you (farmersdaughter) say you want to do -- namely suspend the board's spending authority.

The general membership could pass a resolution giving their opinion of the spending situation to the board, and that opinion could certainly be strongly worded. Whether such a 'sense of the assembly' resolution would rein in the board depends on the common sense of the board members (it would be a request from the general membership, not an order).

[Guest farmersdaughter]

I share Nancy N.'s concern. If the board has recently made some of those less-than-$1000 spending decisions, but the decisions haven't yet been carried out, you could rescind those decisions, and probably avoid spending the allocated money (assuming no contracts have been signed, in which case you get into a different arena of problems). However, that doesn't do what you (farmersdaughter) say you want to do -- namely suspend the board's spending authority.

The general membership could pass a resolution giving their opinion of the spending situation to the board, and that opinion could certainly be strongly worded. Whether such a 'sense of the assembly' resolution would rein in the board depends on the common sense of the board members (it would be a request from the general membership, not an order).

Ok if I understand your posting you dont feel we "can" use a rescind motion? I thought I understood this motion to allow us to undo or change any decision make by the membership in the past. Is that not the proper use of this motion? There was a motion several years ago in a membership meeting to allow the board to increase the spending limit to $1000.00( it was never change in the by-laws)However they had taken it to far. They are spending money the membership cant support. They are making purchases that the membership does not consider emergency spending. The membership need to interupt the spending habits of the board. So if you dont agree with the advise given so far. Could you please clear explain to me where you think we are going wrong.

[David A Foulkes]

Our by-laws allow the board to spend up to $1000.00 on non-budget items without the membership approved.

There was a motion several years ago in a membership meeting to allow the board to increase the spending limit to $1000.00( it was never change in the by-laws)

Well, this might be a source of some confusion for those here trying to figure this out.

I think the belief here is that, if the bylaws authorize the Board to spend up to a certain amount without membership approval, that can only be changed through bylaw amendment. However, the decisions the Board makes (motions that are adopted to spend that money on some purchase or action) may be rescindable. In effect, you can perhaps stop them from spending the money, but to remove the actual authority to do so (as it apparently gives them in the bylaws) will take an amendment to the bylaws removing that authority.

[Guest farmersdaughter]

Well, this might be a source of some confusion for those here trying to figure this out.

I think the belief here is that, if the bylaws authorize the Board to spend up to a certain amount without membership approval, that can only be changed through bylaw amendment. However, the decisions the Board makes (motions that are adopted to spend that money on some purchase or action) may be rescindable. In effect, you can perhaps stop them from spending the money, but to remove the actual authority to do so (as it apparently gives them in the bylaws) will take an amendment to the bylaws removing that authority.

Ok We just wanted to stop them from spending any money not budgeted and approved by the membership. I was able to get appointed to the by-law committee so plans are in the works to add wording for the budget director or the membership to be able to suspend non-budgeted spending without approval of the board. Does this sound like we are headed in the right direction?

[Guest farmersdaughter]

Ok We just wanted to stop them from spending any money not budgeted and approved by the membership. I was able to get appointed to the by-law committee so plans are in the works to add wording for the budget director or the membership to be able to suspend non-budgeted spending without approval of the board. Does this sound like we are headed in the right direction?

Without approval of the membership! (sorry)

[Josh Martin]

Ok We just wanted to stop them from spending any money not budgeted and approved by the membership. I was able to get appointed to the by-law committee so plans are in the works to add wording for the budget director or the membership to be able to suspend non-budgeted spending without approval of the board. Does this sound like we are headed in the right direction?

If the problem is in your Bylaws (which seems to be the case), then amending the Bylaws is indeed the right direction.

[Guest farmerdaughter]

If the problem is in your Bylaws (which seems to be the case), then amending the Bylaws is indeed the right direction.

Indeed that is where we are headed , we (I) was confused on how to suspend their spending right away to avoid a budget short fall.

[Josh Martin]

Indeed that is where we are headed , we (I) was confused on how to suspend their spending right away to avoid a budget short fall.

You can't suspend the Bylaws. If their spending authority is due to an adopted motion, that motion may be rescinded.

[Trina]

Ok if I understand your posting you dont feel we "can" use a rescind motion? I thought I understood this motion to allow us to undo or change any decision make by the membership in the past. Is that not the proper use of this motion? There was a motion several years ago in a membership meeting to allow the board to increase the spending limit to $1000.00( it was never change in the by-laws)However they had taken it to far. They are spending money the membership cant support. They are making purchases that the membership does not consider emergency spending. The membership need to interupt the spending habits of the board. So if you dont agree with the advise given so far. Could you please clear explain to me where you think we are going wrong.

Indeed that is where we are headed , we (I) was confused on how to suspend their spending right away to avoid a budget short fall.

To the extent that the $1000 spending limit comes from a membership motion, certainly the membership can rescind that motion. That would leave you back with whatever spending authority the board has according to the bylaws (until the bylaws can be amended). You could also rescind individual motions passed by the board in accordance with its current spending authority, so long as those motions haven't been executed. You could pass a resolution telling the board what the wishes of the membership are with regard to spending. I'm not contradicting anything Mr. Foulkes and Mr. Martin just said -- just restating.