Customary Practices

[Guest James]

Below from Robert's Rules of Order. P15/5 (regarding customary practices);

"In some organizations a particular practice may sometimes come to be followed as a matter of established custom so that it is treated practically as if it were prescribed by a rule of order. However, if such a practice is or becomes in conflict with the parliamentary authority or any written rule of the organization, and a Point of Order citing the conflict is raised at any time, the custom falls to the ground, and the conflicting provision in the parliamentary authority or written rule must thereafter be complied with, unless a special rule of order (or, in appropriate circumstances, a standing rule) is added or amended to incorporate the custom. If there is no contrary provision in the parliamentary authority or written rules, the established custom should be adhered to unless the assembly, by a majority vote, agrees to do otherwise."

In the above, "otherwise": does this mean, that a customary practice that is not stated in by-laws or covered by Ord., can be overturned by a majority vote?

Specifically, for 10 years a board has elected officers every year. Previous decades voted over 2. There are no by-laws designating a date and no other statute or authority specifying date. Can the board, by a majority change the custom? It sounds that way, but to be sure. (also, there is no record of any vote or decision to alter the voting method--it appears to be a compounded error).

[Josh Martin]

In the above, "otherwise": does this mean, that a customary practice that is not stated in by-laws or covered by Ord., can be overturned by a majority vote?

It means that a custom which does not conflict with any of the rules of the assembly (including the parliamentary authority) may be overturned by majority vote.

Can the board, by a majority change the custom?

Yes, although if it is true that your Bylaws do not specify a term of office for the officers, I would advise amending the Bylaws to provide for one.

[Kim Goldsworthy]

...

Specifically, for 10 years a board has elected officers every year.

Previous decades voted over 2.

There are no by-laws designating a date and no other statute or authority specifying date.

Can the board, by a majority change the custom?

It sounds that way, but to be sure. (also, there is no record of any vote or decision to alter the voting method--it appears to be a compounded error).

The key fact is that the offices have no defined fixed term of office, apparently.

(You were holding elections every year. In the past, you were holding elections every 2 years. Maybe, next time around, you hold election every 3 years. -- Who knows?)

If that is the case, then the board is free to schedule elections anytime, to choose a successor.

But do double check your bylaws.

It is quite rare to have bylaws _____:

(a.) which define a specific set of officers; and yet

(b.) which have no predetermined month for elections, and no fixed term of office defined for those officers.

If your bylaws are truly SILENT on #a and #b, then the term of office is the same as for any committee. -- The appointing party may swap in/swap out personnel, like a football coach for special teams units.

I am still scratching my head, imagining an organization which has chosen to "overlook" a definite month for its annual meeting. Or its board's organizational meeting.

[Guest james]

It means that a custom which does not conflict with any of the rules of the assembly (including the parliamentary authority) may be overturned by majority vote.

Yes, although if it is true that your Bylaws do not specify a term of office for the officers, I would advise amending the Bylaws to provide for one.

Thanks. One clarification: when overturning a custom, absent by-laws or other authority, can a body, through a majority, define the new 'custom'; i.e., every two years? Understanding that changing by-laws to reflect voting dates and procedures is most desirable.

[J. J.]

Thanks. One clarification: when overturning a custom, absent by-laws or other authority, can a body, through a majority, define the new 'custom'; i.e., every two years? Understanding that changing by-laws to reflect voting dates and procedures is most desirable.

They cannot "create" a custom, but they might interpret a preexisting bylaw or rule differently than the custom.

[Gary Novosielski]

Thanks. One clarification: when overturning a custom, absent by-laws or other authority, can a body, through a majority, define the new 'custom'; i.e., every two years?

No. If they actually do take a vote on a motion to do something a different way than it was customarily done, then what they have now is no longer a custom, it's a real motion.

By definition, a custom is something that was not formally voted on (at least as far as anyone knows) but just sort of "happened" because "we've always done it that way."