Medical record policies & procedure in the hospital?

Question on Interpretation of Organization's National and Local Bylaws

• "X" Inc. is a nonprofit national service organization made up of local chapters across the country. Members join by invitation, after a chapter voting process. The national organization has a Constitution, Bylaws and Procedures. Local chapters can have bylaws if they don't conflict with the National Constitution and Bylaws. The National Bylaws require members to abide by the Constitution, Bylaws, Manual of Procedures and other rules and regulations. Robert's Rules of Order govern the organization in all cases to which they a re applicable and in which they are n ot inconsistent with the Constitution, bylaws and special rules and procedures that the organization may adopt. A local Chapter has a bylaw permitting it to use 2 ballots in its membership voting process. The Chapter Bylaws Committee sought to strike the provision, arguing that it conflicted with National bylaws. The Chapter voted to retain it because the National Bylaws are, in fact, silent on the issue. Subsequently, a regional Parliamentarian ordered the Chapter to strike the Bylaw on the basis of a Procedure. As demonstrated further below, the Procedure does not directly address whether a Chapter can use two ballots in its membership intake process. It direcly pertains to cases in which a Chapter votes in more members than it has spaces. In addition, the document which sets forth the Procedure includes "Policies" in the beginning of the record. There is no Policy addressing the two ballot issue. Finally, the face of the document calls into question whether it was ever formally adopted by the National organization. Against this background, is the Chapter's two ballot bylaw permissible? Can the Procedure, which is not specific, invalidate the local bylaw? Can a colorable argument be made to defend the provision? The applicable National and Chapter bylaws are set forth below: NATIONAL BYLAWS The National Bylaws provide that "new members...shall be elected by 2/3 affirmative vote of active membersof a chapter who are present and voting." No national bylaw provision refers to the number of bvallots a chapter can use in the membership voting process. Regarding Procedures, the National Bylaws recite that "Procedures shall be adopted by a majority affirmative vote by the National Assembly and the Executive Council to implement the national Constitution and Bylaws. These procedures shall be binding on...members until such time as they are eliminated or changed by the National Assembly and/or the Executive Council, so long as they are not inconsistent with the Constituion and Bylaws or procedures previously a dopted by the National Assembly. LOCAL BYLAWS The local bylaws state that "A 2/3 affirming vote of active members, who are present and voting, is required to elect the candidate to membership. A SECOND BALLOT SHALL BE TAKEN FOR THE DESIGNATED OPENINGS NOT FILLED ON THE FIRST BALLOT. tHIS BALLOT SHALL CONTAIN THE NAMES OF THE CANDIDATES WHO RECEIVED A MAJORITY VOTE OF MEMBERS PRESENT AND VOTING ON THE FIRST BALLOT. The Chapter Bylaws Committee has proposed the deletion of the language set forth above in all capital letters. NATIONAL MEMBERSHIP PROCEDURE The Procedure which the Parliamentarian cited states in pertinent part: chapters shall adopted (sic) procedures prior to voting on prospective candidates, for the cases where there m ay be more candidates who receive theh required number of votes than there are vacancies/slots. Procedures may include, but not limited to (1)taking a 2nd ballot, (2) voting only on the candidates eligible from the 1st ballot, (3)taking those candidates receiving the most votes.

• Answer:

  Dear nickoftime, The Chapter's two-ballot bylaw is indeed permissible, and the Procedure does not invalidate it. I offer three colorable arguments in support of this conclusion. 1. Suppose that the Procedure cited by the regional Parliamentarian has been formally adopted by the National organization. (If it was not, the question is resolved a priori in favor of the Chapter's bylaw.) The wording of the Procedure specifies the circumstances under which it is to be applied: "for the cases where there may be more candidates who receive the required number of votes than there are vacancies/slots". Now consider any situation in which the local Chapter invokes its two-ballot bylaw. According to the wording of the bylaw, a second ballot is to be conducted "for the designated openings not filled on the first ballot". Thus, it must be true in such a case that fewer candidates received the required number of votes than there are openings. But this is exactly the contrary of the circumstances specified by the National Membership Procedure. So if we ask ourselves whether the National Procedure is applicable in a case where the local Chapter would wish to conduct a second ballot, the answer is negative. The National Procedure addresses situations in which the number of eligible candidates exceeds the number of openings. On the other hand, the local Chapter's bylaw applies when the number of eligible candidates is inferior to the number of openings. In sum, there is no conflict or interference of any kind between the National Procedure and the Chapter's bylaw. They address situations that are mutually exclusive. Neither speaks to the other, so neither can invalidate the other. 2. Suppose, for the sake of argument, that the National Procedure were modified so that it speaks to the situation in which some openings were not filled by the first ballot, and that its wording were otherwise intact. Consider the effect of the Procedure: it mandates that the local Chapter adopt "procedures prior to voting on prospective candidates", and names among its examples "(1) taking a 2nd ballot". The local Chapter, then, has acted in accordance with this National Procedure, for it has adopted precisely such a procedure. By drafting and ratifying its two-ballot bylaw, the Chapter has addressed beforehand the circumstances in question, just as the National Procedure requires. If the members wish, they may change or eliminate this procedure in favor of another one, but as it stands the two-ballot procedure is fully in keeping with the stipulations of the National Procedure. Hence, the Chapter's two-ballot bylaw is not in contravention of the National Procedure. On the contrary, the local bylaw embodies the Chapter's strict adherence to the National Procedure. 3. We raise the matter, finally, of what Robert's Rules have to say on the subject of multiple ballots. The general provision on voting by ballot, in Article VIII, section 46, paragraph 11, does not prescribe the number of times a ballot is to be iterated. Voting by Ballot. The main object of this form of voting is secrecy, and it is resorted to when the question is of such a nature that some members might hesitate to vote publicly their true sentiments. Its special use is in the reception of members, elections, and trials of members and officers, as well as in the preliminary steps in both cases, and the by-laws should require the vote to be by ballot in such cases. Where the by-laws do not require the vote to be by ballot, it can be so ordered by a majority vote, or by general consent. Such motions are undebatable. Robert's Rules Online: VIII.46:11 http://www.rulesonline.com/rror-08.htm#46:11 The only mention of multiple balloting is found in Article XI, section 66. Nominations and Elections. Before proceeding to an election to fill an office it is customary to nominate one or more candidates. This nomination is not necessary when the election is by ballot or roll call, as each member may vote for any eligible person whether nominated or not. [...] When the nominations are completed the assembly proceeds to the election, the voting being by any of the methods mentioned under Voting, [46], unless the by-laws prescribe a method. The usual method in permanent societies is by ballot, the balloting being continued until the offices are all filled. Robert's Rules Online: XI.66 http://www.rulesonline.com/rror-11.htm#66 Note especially the last sentence: "The usual method in permanent societies is by ballot, the balloting being continued until the offices are all filled." This is not a prescriptive rule, for it only describes the "usual method", but nor does it proscribe the Chapter's bylaw. Indeed, it fully agrees with the two-ballot bylaw. If someone were to argue that this section of Robert's Rules pertains to "offices" and therefore to positions such as treasurer and president, the rejoinder is twofold. Firstly, an office is not necessarily a higher office. Membership can itself be considered an office, mean though it is in comparison to the executive offices, for it constitutes a position of trust within the organization that distinguishes the member from the non-member. Secondly, section 66 of Robert's Rules comes much closer to the situation envisioned by the Chapter's two-ballot bylaw than does the National Procedure. Indeed, as we showed in argument 1 above, the National Procedure is not at all concerned with situations in which the Chapter's two-ballot bylaw applies. And even if, as in argument 2, we fictitiously modify the National Procedure so that it does encompass the same situation, we see that the bylaw complies with the Procedure as well as with Robert's Rules. However loosely we interpret Robert's Rules, they can only validate the Chapter's two-ballot bylaw. In conclusion, you have every reason to believe that the Chapter's two-ballot bylaw is permissible, and no reason to believe that it is not. The National Procedure, whether or not it was formally adopted, does not invalidate the local bylaw, nor does the bylaw contravene Robert's Rules. If anything, it is supported by Robert's Rules. Regards, leapinglizard ~