General Motions

[Guest Rick Grew]

Our boat club in 2004 had a committee appointed by the Commodore to review our by-laws last written in the 1990's. The committee decided that a rewrite of the by-laws was in order. The committee reviewed the old by-laws and did incorporate some of them into the new by-laws. The rest of the by-laws were re-written to accomodate the needs and conditions of the club at that time. The general membership at a special meeting called for the purpose of voting on the new by-laws did just that. The new by-laws were passed at that meeting. We have once again arrived at a time when they may need to be updated or rewritten.

Between the by-laws revision of the 1990's and the 2004 rewrite there were several motions proposed and passed by the membership not pertaining to the by-laws but to the general operation of the boat club.

I hope I have given enough information here for someone to answer the following question: With the 2004 rewrite of our by-laws were all motions pertaining to the general operation of the club made null and void by the passage of the 2004 by-laws.

Thanks in advance.

[Chris Harrison]

With the 2004 rewrite of our by-laws were all motions pertaining to the general operation of the club made null and void by the passage of the 2004 by-laws.

Thanks in advance.

I don't see anything in your post that would suggest it.

[Larry Cisar]

Our boat club in 2004 had a committee appointed by the Commodore to review our by-laws last written in the 1990's. The committee decided that a rewrite of the by-laws was in order. The committee reviewed the old by-laws and did incorporate some of them into the new by-laws. The rest of the by-laws were re-written to accomodate the needs and conditions of the club at that time. The general membership at a special meeting called for the purpose of voting on the new by-laws did just that. The new by-laws were passed at that meeting. We have once again arrived at a time when they may need to be updated or rewritten.

Between the by-laws revision of the 1990's and the 2004 rewrite there were several motions proposed and passed by the membership not pertaining to the by-laws but to the general operation of the boat club.

I hope I have given enough information here for someone to answer the following question: With the 2004 rewrite of our by-laws were all motions pertaining to the general operation of the club made null and void by the passage of the 2004 by-laws.

Thanks in advance.

Anything that conflicts with the new bylaws is null and void; everything else is still in effect.

[Guest Rick Grew]

Anything that conflicts with the new bylaws is null and void; everything else is still in effect.

Thankyou very much. This adds clarity to our situation. There are members on both sides of the question. Those that feel that all motions passed prior to th 2004 revision were made null and void and those who feel than none of the motions passed were made null and void. We will make the effort to go back through the minutes of every meeting since the clubs inception in 1965 and pull out any motions that are not in conflict with the current bylaws.

[Kim Goldsworthy]

There are members on both sides of the question.

Those that feel that all motions passed prior to the 2004 revision were made null and void

...and...

those who feel than none of the motions passed were made null and void.

We will make the effort to go back through the minutes of every meeting since the clubs inception in 1965 and pull out any motions that are not in conflict with the current bylaws.

Hold you horses, pardner.

It depends on WHAT those adopted motions are.

• If the adopted motions are on-going, then, okay, those adoptetd motions might be null and void, now.

• If those adopted motions are done deals, and have no on-going component, then there is no conflict with your current bylaws (most likely).

Example:

• If one adopted motion was, "That we buy a piano, for no more than $3000," back in the olden days (say, 1965), then there is no need to do anything. -- It's a done deal. Any restrictions in your NEW bylaws about "pianos" or "buying" or "$3000" is not relevant (most likely).

• Adopting a bylaws which disallows a past action is not relevant anymore.

Example: "(newly adopted) Bylaw #666: There shall never be pianos in the club house."

Despite this new prohibition, it is NOT the case that the 1965 purchase of the $3000 piano is "null and void".

There is noting to nullify.

So don't waste time looking for things to nullify if there is nothing left to un-do.

(Granted, you may have to sell or junk your present piano, to comply with your new Bylaw #666 restriction. But that would be a NEW ACTION, and not be a "nullification" of your 1965 purchase.)

Q. Do you know what you are looking for, in your old minutes?

[Guest Rick Grew]

Hold you horses, pardner.

It depends on WHAT those adopted motions are.

• If the adopted motions are on-going, then, okay, those adoptetd motions might be null and void, now.

• If those adopted motions are done deals, and have no on-going component, then there is no conflict with your current bylaws (most likely).

Example:

• If one adopted motion was, "That we buy a piano, for no more than $3000," back in the olden days (say, 1965), then there is no need to do anything. -- It's a done deal. Any restrictions in your NEW bylaws about "pianos" or "buying" or "$3000" is not relevant (most likely).

• Adopting a bylaws which disallows a past action is not relevant anymore.

Example: "(newly adopted) Bylaw #666: There shall never be pianos in the club house."

Despite this new prohibition, it is NOT the case that the 1965 purchase of the $3000 piano is "null and void".

There is noting to nullify.

So don't waste time looking for things to nullify if there is nothing left to un-do.

(Granted, you may have to sell or junk your present piano, to comply with your new Bylaw #666 restriction. But that would be a NEW ACTION, and not be a "nullification" of your 1965 purchase.)

Q. Do you know what you are looking for, in your old minutes?

Basicly any motions, not pertaining to the by-laws, that have been passed. Those motions that were not incorporated into the 2004 by-laws may still have validity. We have a member who is adamant that all motions not voted down when proposed are still valid. There have been no amendments to the 2004 by-laws so that is why I posted my question concerning motions.

My reason for posting the original question was that I was under the impression that the new by-laws made all motions passed from the 1990's revision and the 2004 version were no longer valid. I appreciate all the comments and answers posted so far, thanks.

[Gary Novosielski]

We will make the effort to go back through the minutes of every meeting since the clubs inception in 1965 and pull out any motions that are not in conflict with the current bylaws.

There's no need to do that, as long as those motions were not in conflict with the bylaws in effect at the time of their adoption. Only policies or practices still in effect today would be affected, so you don't need a major fishing expedition. Your new bylaws have no retroactive effect, either positive, or negative--only going forward.

For instance, if it has been your long-standing practice according to a motion passed back in the sixties to charge money for liquid refreshment at social events, but the new bylaws say "free beer for all", you don't owe anyone a refund for fifty years of bar tabs. (Sure, that sort of thing might not belong in the bylaws, but work with me here.)

It's probably sufficient to just make sure your newly adopted motions comply with the newly adopted bylaws, and wait for anyone whose ox is being gored by some old regulation still "on the books" to raise a point of order against its continued enforcement. Anything else will probably come up in due course without causing problems.