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Jayadev

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Posts posted by Jayadev

  1. On 5/22/2018 at 10:22 PM, jay said:

    3. Term Limits for President:

    Any member, who served as president for two, one-year terms, in life time, whether consecutively, or with any gap of time, shall not be eligible for election for any executive committee position.

     I thank you all for responding to my questions, the other important issue is the  about the current president. Our constitution  provides the following  provision "

    Election, Qualification and Term of Office: The President, Vice President, Secretary, Joint Secretary, Treasurer, and Joint Treasurer shall be elected by the new Board of Trustees of the upcoming year at the regular annual meeting of the Board of Trustees . Each officer shall hold office for a term of ONE (1) calendar year, or until a successor shall have been duly elected. Any of the officers shall be eligible for re‐election, but shall not hold the same office for more than two consecutive terms, subject to the term limits for president as per Article V Section2(b) below

    b)    Term Limits for President:

    Any member, who served as president for two, one-year terms, in life time, whether consecutively, or with any gap of time, shall not be eligible for election for any executive committee position."

    Our intention is who ever served as president twice shall not take up any position in the executive committee. ( president, vice president, Secretary, Treasurer, Joint Secretary and Joint Treasurer) 

    Our current president  served as president for two one-year terms in the  and now he is serving as president for third term since January. Amendment passed a month ago. Does this new rule apply for him?

    Thanks

     

     

    Jay

  2. Our not for profit organization passed  several term limits in Semi Annual General Body meeting for Trustees. Each term is 4 years. These amendments are effective from today on wards.

    The following are the major term limits.

    1.     Life time term limits are three terms in any combination.

    2.     If a member has served two consecutive/successive terms, he/she shall be eligible to file nomination only after a gap of two years, for the last and final third term, in lifetime.

    3. Term Limits for President:

    Any member, who served as president for two, one-year terms, in life time, whether consecutively, or with any gap of time, shall not be eligible for election for any executive committee position.

    We have 16 trustees and some of them are serving their 5th , 4th and 3rd terms. Our current president also serving his 3rd term.

     Now my question is about the present  trustees who are in service  and meet the above term limit conditions and the present  president  who is serving his third term( started in January 2018.) 

     Are they eligible to continue   until their full term is completed ?  or   they should stop immediately serving as trustees as they met the  life time term limit conditions?

    Thanks in advance

    Jay

  3. Thank you for your replies. Also majority  of  members just want to vote for their  candidates and go , they do not want to stay.To  accommodate this since 12 years voting for election of Trustees started earlier  on the same meeting day even before quorum was confirmed or  any formal meeting was started . In this case is election is valid which was taken place with out a quorum ? 

     

  4.  At present in our  not for profit organization constitution and bylaws it is stated as

    "An Annual Meeting of the HTGC General Body shall be held on the first Sunday of December of every calendar year, . Four new trustees shall be elected to serve for the following four (4) years at this meeting and the results of the elections shall be announced at this meeting."

    My question is if we want to introduce early voting for the convenience of those members who  can not  attend the General body meeting day  do we need to amend the above article? or is it okay if we just add a new bylaw  about the early voting?

    Thanks in advance

    Jay

     

  5. In our not for profit organization bylaws clearly says to follow a certain procedure to amend an existing bylaw. Either two thirds of full board of trustees or by two thirds of General body which was called for on a special petition signed by 10percent of total members.

    But with out following the procedure stated above our semi annual general body passed a resolution to delete a Bylaw .

    My question is is it legal? If not what are the remedies. Please advise.

    Thanks in advance

    Jay

  6. Our not for profit organization bylaws or Constitution doesn't talk about term limitsof trustees. Our Constitution only says every year 4 trustees will be elected for a term of 4 years. 

    Recently in our board meeting majority of trustees voted for term limits.Is this resolution binding without incorporating the same resolution i

    n bylaws or Constitution?

    Thanks

    Jay

  7. 3 hours ago, Richard Brown said:

    To rescind or amend a motion previously adopted requires previous notice and a majority vote or, without previous notice a two thirds vote or a vote of a majority of the entire membership.  (In this case, that would be the membership of the board).  However, it sounds to me like this is a rule of order.   If so, it requires previous notice AND a two thirds vote or, in the alternative, the vote of a majority of the entire membership.  Since this is a board, it might be easier to get the votes of a majority of the entire membership than to get a two thirds vote, especially if all members generally attend the meetings.

    The 11th edition of RONR discusses amending and rescinding something previously adopted on pages 305-310.

    Edited to add:  You might also take a look at this very recent thread:  http://robertsrules.forumflash.com/index.php?/topic/29259-procedural-manual-updates/

     

    I request more details on this interpretation please. How do I prove this is a rule of order  

     

    3 hours ago, Hieu H. Huynh said:

    Do your bylaws authorize special meetings? If so, the notice of the motion to rescind or amend something previously adopted could be included in the call of such a meeting.

    Yes our bylaws authorize special meetings.

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