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Effective Date for Term of Office


Guest Guest - Georgia Nonprofit

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Guest Guest - Georgia Nonprofit

Thank you all for your insight and guidance. After I sent the last information from Mr. Brown and Mr. Honneman, adding the comments from most of the others, copying the state Parliamentarian and the National Bylaws Committee, I simply got a response from the state bylaws chair saying that they would defer to the state Executive Committee to determine a course of action on this issue, and the President of the state association acknowledging receipt of the request. Nevertheless, I have communicated with my District and Council leaders on the plan of action, per Mr. Honneman's recommendation. Again, I thank all of you!

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On 9/18/2017 at 10:01 AM, Guest Guest - Georgia Nonprofit said:

A bylaws amendment to change the term of office from 1 year to 2 years was passed by the membership, prior to the expiration of the current term of office. At this same meeting, new officers were elected with the intent to serve 2 years, pending approval from the state Executive Committee. Per the provisions of our association, a bylaws amendment becomes effective upon approval by the Executive Committee. Approval from the state Executive Committee was received prior to the end of the current term, making the bylaws amendment in effect for the next term of office, which would be for those officers elected to the next term of office. The state Executive Committee has elected a new Executive Committee and appointed a new bylaws committee chair, who is now rescinding the decision of the previous state bylaws chair. I believe there is a claim of ambiguous interpretation of this amendment, since there is confusion as to whether the officers were elected to a one year term, as the approval of the amendment was received after the elections, even though the officers did not take office until the new term ended. Where can I find information on this issue?

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Guest Guest from  Georgia, you asked in your original post (quoted above), "Where can I find information on this issue?"

Please keep checking back.  Although a couple of us have quoted extensively from RONR (Robert's Rules of Order Newly Revised, 11th edition), the issue is also addressed in other parliamentary manuals and books, particularly in the book Parliamentary Law by General Robert himself and originally published in 1923.  It is still considered an authoritative guide to tricky parliamentary questions by professional parliamentarians.

Please check back.  I will attempt to provide some citations and maybe quotes to relevant provisions in Parliamentary Law and, if time permits,  from other manuals such as Demeter's Manual of Parliamentary Law and Procedure.  Both authorities make it clear that bylaws amendments take effect immediately and DO affect the rights, duties, AND TERMS OF OFFICE of officers in office at the time of adoption (or approval) of the amendments.  They also make clear that the assembly itself is the final judge as to the interpretation of the organization's bylaws unless a higher document provides otherwise.

Since those books are not online or available in digital form (as far as I know), I will have to manually type the relevant provisions or have them scanned so that I can try to do it electronically.  If you or someone else in your organization has access to Parliamentary Law,  the relevant items, from the Questions and Answers, are Questions 58, 59, 103, and 108-111.  In Demeter's Manual, a key provision in the blue 1969 edition (the most recent edition)  is on page 180 in the section titled "Right to Shorten or Abolish Term of Office". 

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Guest Guest - Georgia Nonprofit

Thank you all for your support. I received an email from the Bylaws chair stating that they would be deferring to the Executive Committee. The Executive Committee replied that they would be reviewing the information and will get back with me. Regardless of the outcome, we are able to stand on the guidance of each of you, and we are most appreciative.

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