ByLaw and Policy

[ROBJAM]

Can bylaws refer to a policy and is that policy binding as if it was part of the bylaws themselvs. By the way, these policies are voted on the same as a bylaw change 2/3 vote.

[jstackpo]

I'd say yes.

If your "policies" require the exact same voting (& amending) requirements as your bylaws, why not just call them bylaws and put then in the same document? That will resolve your question for sure.

[Tim Wynn]

Can bylaws refer to a policy and is that policy binding as if it was part of the bylaws themselvs.

Well, if the reference is that, "Policy 1138 shall not be binding as if it were part of the bylaws," I'd say, "No." So, it depends on what you mean by reference.

[Kim Goldsworthy]

Can bylaws refer to a policy and is that policy binding as if it was part of the bylaws themselves?

By the way, these policies are voted on the same as a bylaw change 2/3 vote.

What do you mean?

If you mean, is it allowable for one's bylaws to say, "X shall be set by board policy," then the answer is "yes."

where variable X = any administrative detail, e.g., "dues" or "date of the annual general meeting", etc.

That by itself does not make the policy "part of the bylaws."

To make X "part of the bylaws," you would have to AMEND the bylaws, accordingly.

Mere delegation won't cut it.

[Josh Martin]

Can bylaws refer to a policy and is that policy binding as if it was part of the bylaws themselvs.

Bylaws can refer to a policy, and policies are binding on the organization regardless of whether the Bylaws reference them.