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By Laws
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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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