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Board not following bylaws


Guest Phyllis

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The hockey association board was susposed to call a membership meeting to elect new board members in March, 2010; however, they have yet to call the meeting. The office of President and Secretary are up for election. Are the president and secretary positions still considered acitive in their official positions? This board called a meeting in February, 2010, to ammend the Bylaws to make staggering terms for the offices of president and secretary so there would be two experienced board members remaining for the upcoming season. This association is active on a government property and is susposed to send the desired ammendments to the governing body for approval prior to the membership vote. The ammendment to stagger the terms of office were voted on by the membership, but they were never presented to the governing body for approval. Now this same board, which are serving past the time they were elected to serve want to have a meeting to ammend the bylaws further. Can this be done legally and or officially? If not, how should this organization proceed?

Phyllis

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Are the president and secretary positions still considered acitive in their official positions?

Unknown. Maybe yes. Maybe no.

The term of office, as defined in the bylaws, must be read. And interpreted. And applied.

... amend the Bylaws ... active on a government property ... is supposed to send the desired amendments to the governing body for approval prior to the membership vote. ... were voted on by the membership, but they were never presented to the governing body for approval. ... want to have a meeting to amend the bylaws further.

Can this be done legally and or officially? If not, how should this organization proceed?

So, far you are asking a question akin to "What do our bylaws say?" and "Are we in compliance with our bylaws?"

And I don't know the answer to that. -- Too many bodies involved. Too many wildcard variables.

The sound-bite generic answer is, "If the bylaws are being complied with, then all is well."

Do you have a question about ROBERT'S RULES OF ORDER which does not involve a customized process?

(Your bylaws' method of amendment is pretty complicated: A board is involved. A general membership is involved. Government is involved. A governing body [?] is involved. A "presentation" AFTER THE MEMBERSHIP HAS VOTED is involved, which really fouls up the works.)

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