Guest Bill Posted August 12, 2010 at 01:28 PM Report Share Posted August 12, 2010 at 01:28 PM Our president allowed a motion to be made, seconded, and voted on at a general meeting to amend a ruling handed down by the Executive committee. The executive committee has “full control & management of affairs & business of the Club” per our By Laws. Would this action be deemed inappropriate or illegal? Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 12, 2010 at 01:39 PM Report Share Posted August 12, 2010 at 01:39 PM Our president allowed a motion to be made, seconded, and voted on at a general meeting to amend a ruling handed down by the Executive committee. The executive committee has “full control & management of affairs & business of the Club” per our By Laws. Would this action be deemed inappropriate or illegal?The answer to your question depends upon whether or not your executive committee has exclusive authority over the subject matter of the ruling to which you refer. Having “full control & management of affairs & business of the Club” does not, in and of itself, confer exclusive authority. Link to comment Share on other sites More sharing options...
hmtcastle Posted August 12, 2010 at 01:52 PM Report Share Posted August 12, 2010 at 01:52 PM Would this action be deemed inappropriate or illegal?You might find Official Interpretation 2006-13, "Countermanding Board Action", instructive. Link to comment Share on other sites More sharing options...
Guest Bill Posted August 12, 2010 at 05:25 PM Report Share Posted August 12, 2010 at 05:25 PM The answer to your question depends upon whether or not your executive committee has exclusive authority over the subject matter of the ruling to which you refer. Having “full control & management of affairs & business of the Club” does not, in and of itself, confer exclusive authority.This is a misconduct issue. Another section of our By Law states “executive committee shall determine the details of the suspension”. Nowhere in our By Laws does it limit their authority to “between meetings”. The word “exclusive” is not included in By Laws but in my opinion is inferred. Link to comment Share on other sites More sharing options...
Dan Honemann Posted August 12, 2010 at 05:52 PM Report Share Posted August 12, 2010 at 05:52 PM This is a misconduct issue. Another section of our By Law states “executive committee shall determine the details of the suspension”. Nowhere in our By Laws does it limit their authority to “between meetings”. The word “exclusive” is not included in By Laws but in my opinion is inferred.Your question is a question concerning the proper interpretation of your bylaws. If your bylaws are not clear on this issue, after being considered in their entirety, your membership will need to decide what they mean. Link to comment Share on other sites More sharing options...
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