Can bylaws adopted at this month's meeting be rescinded at the following month's meeting? We were told that they could not go into effect until approved by the national organization.
No. Bylaws can only be adopted according to the requirements in your organization's bylaws. Most bylaws have an article on amending the bylaws. Amending means adding new language, changing existing language, or rescinding existing language. Usually, bylaws will require previous notice and a two-thirds vote for amendment. Thus, to rescind the bylaws that were adopted at this month's meeting, notice must be given before the next meeting and a two-thirds vote must be attained at that meeting to rescind what was already adopted.
There may be other special provisions in your bylaws amendment process, such as having a committee review any proposals beforehand. If any such provisions are laid out in the bylaws, they must be followed.
As for approval by the national organization, this may well be a requirement for your organization, according to national requirements (see the national bylaws). Technically, the bylaws for your organization go into effect as soon as they are adopted. If the national organization requires approval and does not give it, then there could be a challenge to your organization's affiliation with the national organization. Most national organizations will help subordinate affiliates in drafting their bylaws.
Sometimes, it can take some time to get bylaws in proper order and approved by the national organization. Patience and persistence is the key.
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Showing posts with label bylaws. Show all posts
Showing posts with label bylaws. Show all posts
Monday, July 5, 2010
Sunday, June 20, 2010
Can Custom Trump Bylaws?
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.
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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