Q: The bylaws for our temple specify the new terms begin immediately after election following the Annual meeting. The sitting president insists that new terms begin at the end of fiscal year. The parliamentarian says practice has been for new term to begin after the installation. Who is right? Can custom or perceived custom trump by-laws?
Custom does not trump bylaws. If your bylaws clearly specify when the beginning and ending of the terms are, then they bylaws must be followed.
Bylaws are a higher order of rules. They trump everything but articles of incorporation or state law. They even trump Robert's Rules of Order Newly Revised. Bylaws are hard to change for the simple reason is that they are designed to give your organization stability and structure.
Robert's Rules of Order Newly Revised states that bylaws include "all rules that the society considers so important that they (a) cannot be changed without previous notice to the members and a the vote of a specified large majority (such as a two-thirds vote), and (b) cannot be suspended (with the exception of clauses that provide for their own suspension)" (see page 12).
I recommend that you go by your bylaws. If your temple wishes to change the term of officers, then the procedure in your bylaws for amending the bylaws should be followed.
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