CP Interpretation & Application of Governing Documents 5

Question 1

A bylaws provision requires a 'majority of the board' to approve contracts. The board has 9 members and 2 seats are vacant. What constitutes a majority?

Accepted Answer

A majority of current membership, which is 5 of 7

Answer

When the bylaws require a majority of the board, it typically means a majority of the current membership of the board, not the authorized maximum size.

Question 2

An organization's bylaws set terms of office as 'one year or until a successor is elected.' An election is delayed. What is the status of the current officers?

Accepted Answer

They continue to hold office until successors are elected

Answer

The 'or until a successor is elected' language creates a holdover provision that keeps officers in office until their successors are duly elected.

Question 3

A bylaw provision states that the organization 'shall hold monthly meetings.' What is the effect if a monthly meeting is cancelled?

Accepted Answer

The organization is technically in violation of its bylaws

Answer

Mandatory meeting language in bylaws means the organization is obligated to hold those meetings, and failing to do so is a technical bylaw violation.

Question 4

A committee is given authority in the bylaws to 'recommend' action on a matter. Can the committee instead take final action on that matter?

Accepted Answer

No, the committee's authority is limited to making recommendations to the assembly

Answer

A committee authorized only to 'recommend' lacks authority to take final action; that power remains with the body that created the committee.

Question 5

The bylaws specify that the president 'shall appoint all committee chairs.' At a meeting, the assembly votes to elect the chairs instead. What is the effect?

Accepted Answer

The election is void because it usurps a power vested in the president by the bylaws

Answer

A bylaw vesting the appointment power in the president cannot be overridden by an assembly motion; doing so would be null and void.

(CP) Certified Parliamentarian Practice Test

(CP) Certified Parliamentarian Practice Test

CP Interpretation & Application of Governing Documents 5