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  1. The following administrative powers were (strangely) included in our 501c3's new/first Bylaws earlier this year. We are a public middle school PTO. Only the 5th/last of these seems reasonable to me. Policies -- Seek input and approval of school administration on all matters. Funding -- Fundraising efforts beyond dues must be approved by administration. Elections of Executive Committee -- Filling mid year vacancies requires administration approval. Special Meetings -- Administration may, on his/her own, call a special meeting. Treasurer Duties -- Draft the following year's budget with input from school administration The scope of administrative authority is so extensive, that the PTO's ability to operate as a separate 501c3 seems quite easily compromised. (I'd posted to this forum of our inability to fill our Treasurer role due to the admin approval requirement.) Undue influence could have partially been at play when the prior four PTO Mothers (officers last spring) knowingly signed these Bylaws into existence, with the administrative insertions "because he wouldn't have it any other way, and it's always how we have to operate anyway". (They are the first Bylaws for the organization, which was formed in 2016.) Could CT Statute Section 33 re nonprofit conflicts of interest be helpful to reign in administrative powers (possibly with the Executive Committee adopting conflicts of interest policies and procedures)? But it seems that we would be in a catch-22 yet again with administration approval required. Any suggestions please for what footing (from the above possibilities or others) to use in overturning the extensive administrative powers? Bylaws changes are needed of course, but how to implement this without being blocked by administration? The Bylaws Articles on Nonprofit Purposes and Powers are "clean", without administrative inclusion. However, the Policies Article includes: "This organization shall not seek to direct the administration of the school. To help ensure that the actions of this organization support the mission, vision, and direction of the school, this organization will seek the input and approval of the school's administration on all matters." Amendments to the Bylaws are stipulated normally within our Bylaws, including repeal as well, with two weeks notice and 2/3 vote of members. Only parents and teachers are members and can vote when in attendance. Administrators are not members and cannot vote. Could we move forward, seeking but without receiving, administrative approval, and have a member vote on updated Bylaws without the extensive administrative powers?
  2. Our 501c3's new (first) Bylaws state that a mid year vacancy in the Executive Committee (made up of four officers) "shall be filled by the Executive Committee with the approval of the school's administration". The current three officers elected a fourth officer, with a 2-1 vote. However, the school administration (principal) is now requiring that the office be filled by a unanimous vote, and will accept/approve the same, or any other candidate, as long as the current three officers all vote in favor of the candidate. Can administrative approval impose a requirement that does not align with voting within Robert's Rules? (The 501c3 is a PTO of a public middle school.) (Don't even get me started on the additional inappropriate administrative powers that were also included in the Bylaws...) Thanks very much!
  3. My volunteer organization operates off of a written constitution and bylaw book. I have a question which breaks down into several parts, all around the authority of the President. Our books clearly outline the responsibilities and duties of all officers and members. We have stipulations for membership which directly relate to benefits after a certain time period, basically if you do your duties for the required amount of time you’ll have less requirements after 7 years and then again after 10 years. Should you not perform your required duties, you suffer a loss of credited time which will need to be made up before being able to have less responsibilities. At our last meeting, our President basically wiped the time clean for those members who owe time going back to 2014. There is nothing in our books that state this is permissible. I’m looking for some specifics from RROR that I can cite at our next meeting and not simply “They can’t do that” answers. Any and all help is greatly appreciated.
  4. Guest

    President Authority

    Good afternoon, Our chapter president dictates tasks and other policies on a regular basis. I know the presiding officer has the right to set procedures for expedition of meetings, but our president is setting procedures that are contrary to our bylaws and, what I believe to be, RONR. She states that it is within her authority to do so. Additionally, she states that other officers and chairs are subordinate to her and that if we disagree or don't do as we say we are being insubordinate. What authority does a chapter president/presiding officer have over members, officers, and chairs? Thanks!
  5. Guest

    President Gone Rogue

    So our president has gone rogue. He claims to know that only the board as a whole has the authority to make decisions, but he's not living it and is seeking to dictate to the entire board "how things are going to be." Is there anything in Robert's Rules that speaks to the "limits" of a president's so-called power? As well, our bylaws do read that directors are elected for "a three-year term or until the director's successor is elected." I understand that to mean that the general membership has the ability/power to remove a director at a duly called meeting for any reason (or no reason). Is this correct? If that is correct (and if so, I surely hope it doesn't come to that, since it would cause division in the organization), what is the proper procedure for doing that at a meeting? Does one just stand up during a lull and say, "I move to remove Mr X. from the position of president"? Does notice need to be given? Should the president be made aware that this is coming?
  6. I am seeking clarification regarding the "Authority" section of our by laws. They read as follows... Except as in herein otherwise specifically provided, the decision of the Board in all Associations matters shall be final, subject only to an appeal to the Association. The Board shall have general control over all officers and committees and may, for good cause, declare an office vacant. it shall constitute a Board of Appeal form the rulings of all officers and actions of committees. Appeal may be taken from any decision of the Bard to the Association. On such appeal the decision appealed from shall be reversed only by two-thirds vote of the members present, at the regular meeting specified by the Board, a quorum being present, notice of such appeal having been given by the secretary to all members of the Association at least fifteen (15) days previous to such meeting. Does this mean that any Board decision can be challenged by filing an appeal? At the regular meeting where the appeal is to be discussed/voted on, can it be reversed based on the vote of any qualifying association members, and not just the Board? Providing the other criteria mentioned above have been met. Thank you.
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