CP Interpretation & Application of Governing Documents 3

Question 1

A motion is made that contradicts the organization's standing rules. What should the chair do?

Accepted Answer

Rule the motion out of order

Answer

The chair must rule a motion out of order if it conflicts with the organization's standing rules or other governing documents.

Question 2

An organization's bylaws require notice for bylaw amendments but do not specify the notice period. What applies?

Accepted Answer

The parliamentary authority's requirement for previous notice applies

Answer

When the bylaws require notice but do not specify a period, the parliamentary authority's provisions on previous notice govern.

Question 3

A board is granted 'full power and authority' by the bylaws. Does this allow the board to amend the bylaws?

Accepted Answer

No, because amending bylaws is an inherent power of the membership

Answer

Even a broad grant of authority to the board does not transfer the membership's inherent power to amend the bylaws.

Question 4

How should an organization resolve a genuine ambiguity in its bylaws?

Accepted Answer

The assembly adopts a motion interpreting the provision, which controls until the bylaws are amended

Answer

The assembly may adopt an interpretation of an ambiguous bylaw provision that is binding on the organization until the bylaws are formally amended.

Question 5

An organization's constitution requires annual elections in 'the fall.' A dispute arises over which months constitute 'the fall.' Who resolves this?

Accepted Answer

The assembly decides by majority vote subject to appeal

Answer

Ambiguous provisions in governing documents are resolved by the assembly through a majority vote, and the decision may be appealed.

(CP) Certified Parliamentarian Practice Test