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Bylaws Changes and Successor Posistions


Guest Cheryl Carter

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Guest Cheryl Carter

Our Bylaws state that all elected Board Members serve for one year and both the Vice President and Assistant Treasurer are successor positions ~ becoming the President and Treasurer the year after their election.

The Vice President wants to change the Bylaws to allow Board Members to serve for two years; therefore, she would be President in 2017 and 2018.  The question is ~ "Will the Bylaws change affect the present Vice President and Assistant Treasurer who were elected for a one year term or will the change only affect  the Board Members elected in 2016?"

 

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Since bylaws changes go into effect immediately upon their adoption, it would appear that the current terms of the VP and AssistTreas would be extended to two years.

However, it is proper to adopt a proviso stating that the relevant bylaws provisions don't go into effect until some future date.   It will be up to you to phrase the proviso to accomplish exactly what you want.  See p. 597ff.

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FYI, it is not unusual for organizations to elect board members to serve a term of two or three years while having the executive officers, such as the President, VP, Secretary, Treasurer serving only one year terms.  This is easier to do when the membership elects the board members and the board members elect the officers from among their own members.   In such organizations, usually some of the board positions expire each hear and elections are every year held only for those board positions which have terms that are expiring.  With a nine member board, for example, terms might be for three years with three positions expiring each year.  With an eight or ten member board, terms might be for two years with four or five seats expiring each year.  With a twelve member board, terms could be for two or three years, whichever you prefer, etc.  

Let us know if you need more help with whatever you want to do.

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23 hours ago, Guest Cheryl Carter said:

Our Bylaws state that all elected Board Members serve for one year and both the Vice President and Assistant Treasurer are successor positions ~ becoming the President and Treasurer the year after their election.

The Vice President wants to change the Bylaws to allow Board Members to serve for two years; therefore, she would be President in 2017 and 2018.  The question is ~ "Will the Bylaws change affect the present Vice President and Assistant Treasurer who were elected for a one year term or will the change only affect  the Board Members elected in 2016?"

 

Well, it can be whatever you want, but be careful writing the language.  Changing the term of Board members doesn't necessarily change the term of the officers you named, unless you change the bylaws to say so.  Don't assume that the language will be clear five years (or five minutes) after it's adopted.

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