By Laws
By Laws
- Subject: By Laws
- From: Barbara Passman <email@hidden>
- Date: Thu, 7 Aug 2003 19:50:59 -0500
You do not need an attorney but it is wise to have hem reviewed by
one so as to avoid contradictory clauses which can invalidate what
you want to achieve.The same reason you want legal counsel on all
legal documents.
Depends on the bylaws and what the current bylaws stipulate.
By laws are your constitution.
They include procedure for changing them including directing how they
are to be changed, how much notice is given to the membership and
what % of membership must vote ( 2/3 majority is normal).They will
include policy on when change takes effect.
Many components may take effect immediately but jobs or offices may
be a different story.
Existing Bylaws govern until they are changed unless the existing
bylaws specify otherwise.
And here is the tricky part.
Say a group of folks win an election.They want to then change their
bylaws so they can do immediately do things differently, including
how the work is divided up , offices etc.
In the strictly legal sense, however, the newly elected group has a
problem. They were elected under terms and conditions of office of
the existing by laws, the constitution this group of people want to
toss, amend , update, etc.
The group, legally, cannot change their own jobs or make major
changes as that is not the mandate which the electorate gave them.
That may be a fine point to many but governance is by law.
(note that most legislation, when changes are made to existing law,
the changes do not take place immediately but rather , take effect at
some future time)
Now,that group can hold new elections and sometimes you hear of that
being done.
So, another answer is to amend the bylaws before an election so
that folks are voted into their new roles. .
But if the time demanded to change bylaws (draft, bring to a board
meeting for ratification, alert membership and then vote at a
meeting ) abut onto an upcoming election, which is bylaws stipulated,
you still have to elect under the old by laws.
I learned this from experience in our user group some years back.
Others of you may have different clauses in your by laws and
governing procedures
Barbara Passman
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