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Bylaw Interpretation


Guest Edie

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I belong to an organization that has a bylaw that provides for a Board but says nothing about what the Board is to do or how it shall operate, only that there shall be one and who shall be on the Board. The bylaws provide for an Executive Board with the right to approve expenditures up to a certain level but the bylaws do not give the Board any authority to make any expenditures at any particular level at all. However, it seems that Board members do make motions for expenditures which are duly seconded and approved by the other members of the Board and this is allowed to stand by the President. Sometimes the amount is within the Executive Board authority and other times it is for more than that amount, which should presumably be voted upon at the next meeting of the general membership. This seems, in effect, to provide for a 3-tier process which has become unwieldly for a small group.

Is the Board allowed to usurp the authority of either the Executive Board or the general membership in that manner? Would it be one of those procedures that are generally accepted because it's been done before and no one objected? If the bylaws give the Board no rules to operate by, is the Board then only for discussion purposes, making reports, etc. and motions for expendiures only made by either the Executive Board or the general membership? We are confused by this and would appreciate interpretation.

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Other than the bylaw that mentions having a Board consisting of members, there is no other mention of the Board in the bylaws, i.e., no authority, no rules, etc. so we are unsure what the Board can or cannot do.

If you're confused after reading your bylaws in their entirety, imagine how we, who haven't read them at all, must feel.

Already you've asked, "Is the Board allowed to usurp the authority of either the Executive Board or the general membership in that manner?"

Is there a difference between your board and your Executive Board?

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If you're confused after reading your bylaws in their entirety, imagine how we, who haven't read them at all, must feel.

Already you've asked, "Is the Board allowed to usurp the authority of either the Executive Board or the general membership in that manner?"

Is there a difference between your board and your Executive Board?

Yes, the Executive Board and the "Board" are two different entities. Only the Executive Board is given authority to make expenditures.

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PS - The verification codes are very difficult to read and take several tries to get the correct code entered. Are the colored backgrounds really necessary?

We've had a spate of spammers lately who were able to crack the easier-to-read codes that were previously in place and flood the membership list and fill the forum postings with .... well, let's call it crap. The new verification codes are designed to thwart them, and seem to be working. You can easily get around all of that (well, with one more entry) by registering as a member, and then you don't have to enter the codes anymore as you must for Guest posting. Just FYI.

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PS - The verification codes are very difficult to read and take several tries to get the correct code entered. Are the colored backgrounds really necessary?

Become a member and you'll never have to decipher those verification codes ever again. I tried dozens of times and couldn't get it right.

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