by-laws

[Guest Brett]

Hi I am writing just find out if what we did confers with robert rules or not. My organization was having an election coming up and according to our by-laws you must maintain certain percentages and some other things to be able to run for an office. Our organization presented a by-law change in order to reflect what was needed. The body voted upon this by-law change and it passed with a 2/3 vote. The following meeting when nominations came and Certain people were not eligible to hold a position the Board along with the body decided to have a 2/3 vote which just overturned the new by-law that was just voted on 2 weeks prior. Our by-laws stated that a by-law change is possible with a 2/3 vote only if it is detrimental to the company for which I believe this was not since there were people who were eligible and didn't cause for any suspension of itself. The members are taken it that as long as there is a 2/3 vote that they can do what ever. What is Robert's rule of order opion on this.

[Tim Wynn]

Hi I am writing just find out if what we did confers with robert rules or not. My organization was having an election coming up and according to our by-laws you must maintain certain percentages and some other things to be able to run for an office. Our organization presented a by-law change in order to reflect what was needed. The body voted upon this by-law change and it passed with a 2/3 vote. The following meeting when nominations came and Certain people were not eligible to hold a position the Board along with the body decided to have a 2/3 vote which just overturned the new by-law that was just voted on 2 weeks prior. Our by-laws stated that a by-law change is possible with a 2/3 vote only if it is detrimental to the company for which I believe this was not since there were people who were eligible and didn't cause for any suspension of itself. The members are taken it that as long as there is a 2/3 vote that they can do what ever. What is Robert's rule of order opion on this.

The bylaws can only be amended in accordance with their own provisions for amending them. Your organization will have to decide the meaning of its amendment provision in its bylaws. You can raise a point of order that the bylaws were improperly amended (I'm not saying they were). The chair will rule on this, and that ruling is subject to appeal, which would be decided by the assembly.

See RONR(10th ed.), p. 240 for Point of Order.

See p. 247 for Appeal.

[hmtcastle]

Our by-laws stated that a by-law change is possible with a 2/3 vote only if it is detrimental to the company

And the next time you're (properly) amending the bylaws, you might want to get rid of that rule. As you see, what's "detrimental" is in the eye of the beholder. Some may feel that it's detrimental not to have more names on the ballot.

Though I don't see why you would have adopted a detrimental bylaw in the first place. Conditions change and a particular rule may no longer be helpful but that's a normal reason why bylaws are amended, not a special case that calls for a special rule.

Just out of curiosity, what's the normal, non-detrimental, vote required for amending your bylaws?

[Guest Brett]

And the next time you're (properly) amending the bylaws, you might want to get rid of that rule. As you see, what's "detrimental" is in the eye of the beholder. Some may feel that it's detrimental not to have more names on the ballot.

Though I don't see why you would have adopted a detrimental bylaw in the first place. Conditions change and a particular rule may no longer be helpful but that's a normal reason why bylaws are amended, not a special case that calls for a special rule.

Just out of curiosity, what's the normal, non-detrimental, vote required for amending your bylaws?