Search the Community

Wow. I have been reading some of the discussions concerning bylaw changes. They are quite extensive. Here's my question. Our Post bylaws state we are to review and make changes to our bylaws annually in June. We have our elections in May, and our Department has its convention and elections in June. The Commander and some of our members agree that we need to change the annual review in our bylaws to something more manageable. I believe the bylaws should be reviewed as often as necessary or when numerous changes need to be made, and not wait for the annual requirement. There is too much going on in May and June to fulfill this annual requirement during this time frame. I suggested to our Commander to establish a bylaws committee in order to submit changes to our membership, and he agrees, but he also believes we cannot do anything until June, which is understandable, yet there are numerous outdated information and changes that must take effect immediately. I understand that we cannot "suspend" the annual bylaws/rule, but something must be done. I am the Adjutant of our Post, and the bylaws must be reviewed as soon as possible. How may I move to change that rule? Am I able to make a motion via an amendment to something previously adopted in order to have the bylaws committee start their review, and then make the change permanent during the review process? I know I have to notify all of our members in order to approve this change, but if I don't notify the entire membership, then a 2/3 will be required of those present at our meetings (which averages between nine and fifteen members present (our membership is less than 80 and dwindling via unpaid members)). After all is said and done, how may I propose the change to that particular rule? Our Post is only 5-1/2 years old, and the bylaws have not been changed in over three years. I know the wording in the motion is very important. Here's the exact partial wording in the bylaws: "This Constitution may be amended by resolution at the annual meeting. Proposed amendments shall be submitted in writing to the Executive Committee for its review and presentation at the next annual meeting. Copies of proposed amendments shall be distributed by mail to all Post members at least 10 days prior to the date of the vote..." (The rest of this rule specifies the distribution to Department and National Headquarters.) (And here's the catch-22: if the current commander does not review the bylaws before his/her term of office ends, then the new incoming commander has to wait until the following annual meeting before anything can be done to the bylaws, and if this commander fails to review the bylaws before his term has ended, then the new commander must ensure it's done. The cycle continues. We also, that I am aware of, do not have an executive committee.) Any suggestions will be greatly appreciated. Thank you.

An organization requires all "resolutions" to be given 45 days advanced notice. Amending the bylaws requires 2/3 vote of all present and voting. They want to amend the bylaws striking the requirement for a reserve fund but have not given any notice. Is the amendment a resolution? Can notice be suspended? Is amending the bylaws a more specific form of 'resolution' and as such the requirement for 2/3 vote supersedes the more general notice required for 'resolutions'? TIA

More than 90% of the members of a small organization attend each meeting. Bylaws appear to be a combination typical bylaw provisions, special rules of order, and standing rules; and bylaws allow majority of the entire membership to suspend any bylaw provision. It appears that suspension of previous notice for amendments could not occur if any member is absent, but would any other limitation apply? Can an organization actually suspend a rule that is fundamental principle of parliamentary law?

Our bylaws have a restriction of not accepting nominees on election night. On election night one more popular candidate became available. I made a motion that "the bylaw which excludes nominations on election night be suspended". The motion carried almost unanimously. Now a member is questioning the ability to temporary suspend this bylaw item. Did I do wrong? BTW, the candidate in question lost. And last year I attempted to delete that bylaw restriction, but it got lost in procedure.