Policy vs Bylaws

[hwolfe14]

At a Board of Directors a motion was made and passed on not allowing non-members to bowl. In the past this has been a policy type question for years, that newly formed Board takes up. We elect four new members annual for a period of three years.

This question came before the New Board at our last meeting and the New Board made a motion to allow to non-members to bowl. A Board member from last year, who is still on this Board, said that last year's Board voted to allow two non-members to bowl, but in the future this would't be allowed. He is said the action taken by the current Board is out of order.

As Bylaws Chairman I contend that since it isn't in our Bylaws, the new Board is merely changing policy and this is in order. If the members wants this to carry over each year, then he should request a Bylaws change to cover this action.

[Chris Harrison]

At a Board of Directors a motion was made and passed on not allowing non-members to bowl. In the past this has been a policy type question for years, that newly formed Board takes up. We elect four new members annual for a period of three years.

This question came before the New Board at our last meeting and the New Board made a motion to allow to non-members to bowl. A Board member from last year, who is still on this Board, said that last year's Board voted to allow two non-members to bowl, but in the future this would't be allowed. He is said the action taken by the current Board is out of order.

As Bylaws Chairman I contend that since it isn't in our Bylaws, the new Board is merely changing policy and this is in order. If the members wants this to carry over each year, then he should request a Bylaws change to cover this action.

It may be proper. See Rescind/Amend Something Previously Adopted (RONR pp. 293-299). However, two things:

1) Do the bylaws grant the Board the authority to determine who can bowl?

2) Even if the bylaws grant the Board the authority the change in the policy the change would be null and void unless the change was approved by 2/3 of the Board or if a majority of the ENTIRE Board agreed to the change per RONR p. 244 ( b ).

[Trina]

....

This question came before the New Board at our last meeting and the New Board made a motion to allow to non-members to bowl. A Board member from last year, who is still on this Board, said that last year's Board voted to allow two non-members to bowl, but in the future this would't be allowed. He is said the action taken by the current Board is out of order.

As Bylaws Chairman I contend that since it isn't in our Bylaws, the new Board is merely changing policy and this is in order. If the members wants this to carry over each year, then he should request a Bylaws change to cover this action.

A motion passed by the board last year ('we'll allow Mr. X and Ms. Y to bowl... but non-members shall never again be allowed to bowl in the future' ??) might be considered a standing rule, and can be amended or rescinded. The motion to rescind, or amend something previously adopted, requires two-thirds vote without notice OR majority vote with notice OR majority vote of the entire membership. See RONR pp. 293-299 for details.

Another (separate) question might be whether the board has the right to set such policies for the organization.

[Rev Ed]

As we are talking about non-members, let's also remember something here: non-members of the organization, by default, have no rights at all. For example, I cannot simply arrive at the door of an organization and say, "I am here, let me in." If I am not a member, I have no rights at all to be there.

In a sense, the Board is simply stating what is implied - only members would specifically have a right to use the bowling alley. Now, the question would be is whether or not members can bring guests? If they can, then that should be outlined in the By-laws or Rules of the organization. However, non-members generally would not have the right to simply show up and expect to be allowed to use the premises.

The Board, if it has the authority, could allow for exemptions, but should not have to specifically exclude non-members from the facilities in my opinion.

[hwolfe14]

I wasn't very clear with the questions I posted.

The motion that was made and passed was to give two non-members the okay to bowl in one of our leagues. Keep in mind the club's Board is chosen periodically, makimg it a new Board every year. The bowling isn't covered in the Bylaws, but the Board has the authority to set policy for operations of the Club, to include the bowling alley.

Each year the board updates or changes policy as it sees fit. I told the Board Member if he wanted to keep non-members from joining our bowling leagues then make a bylaws change on that subject. That way the General Membership would need to approve bylaws, not as easy as the Board changing policy.

I believe the Board handle this motion in a correct manner.

[hmtcastle]

Each year the board updates or changes policy as it sees fit.

If the board is authorized to do this then the board can do it. The fact that the board voted one way last year and a different way this year is perfectly acceptable. Things change. If the policy isn't in the bylaws to begin with, it needn't be changed in, or added to, the bylaws. Though if you want to "carve it in stone" you can put it in the bylaws (though it could still be changed at a later date).

[Chris Harrison]

I wasn't very clear with the questions I posted.

The motion that was made and passed was to give two non-members the okay to bowl in one of our leagues. Keep in mind the club's Board is chosen periodically, makimg it a new Board every year. The bowling isn't covered in the Bylaws, but the Board has the authority to set policy for operations of the Club, to include the bowling alley.

Each year the board updates or changes policy as it sees fit. I told the Board Member if he wanted to keep non-members from joining our bowling leagues then make a bylaws change on that subject. That way the General Membership would need to approve bylaws, not as easy as the Board changing policy.

I believe the Board handle this motion in a correct manner.

The question still remains whether there was enough votes in order to Rescind or Amend the previously adopted motion. Did at least 2/3 of the Board members who voted vote in favor of the change. Alternately, did more than half of the Board vote in favor of the change?

[hwolfe14]

The member who is callimg for the motion to be set aside wasn't at the meeting. And yes more than 2/3 voted for the motion.