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The entity wishing to transfer (delegate) powers may be a member, an officer, an executive board, or a society. 1. RONR says a member may not transfer his power to vote to another person (unless governing documents or laws allow it explicitly). Is any other member power transferrable when the rules are silent, e.g., the right to attend even if in executive session, or to nominate? 2. The bylaws say the president is to appoint the finance committee. Can the president transfer that power for the current term to the treasurer? 3. The bylaws say the executive board ("board") is to set the time and location of the annual membership meeting. Can the board transfer these powers to the president for a particular year? What rule or citable principle answers this clearly? 4. Assume the RONR sample bylaws apply (56:58-67). 56:67 reads "These bylaws may be amended at any regular meeting of the Society by a two-thirds vote, provided that the amendment has been submitted in writing at the previous regular meeting." Can the Society adopt a bylaw amendment with a blank with the proviso that the board be authorized to fill the blank within one month and that the amendment goes into effect only if and when the board fills the blank? https://en.wikipedia.org/wiki/Nondelegation_doctrine says "The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers." And further says "However, the Supreme Court ruled in J. W. Hampton, Jr. & Co. v. United States (1928) that congressional delegation of legislative authority is an implied power of Congress that is constitutional so long as Congress provides an "intelligible principle" to guide the executive branch." Does this have any bearing on #1-4?
The following administrative powers were (strangely) included in our 501c3's new/first Bylaws earlier this year. We are a public middle school PTO. Only the 5th/last of these seems reasonable to me. Policies -- Seek input and approval of school administration on all matters. Funding -- Fundraising efforts beyond dues must be approved by administration. Elections of Executive Committee -- Filling mid year vacancies requires administration approval. Special Meetings -- Administration may, on his/her own, call a special meeting. Treasurer Duties -- Draft the following year's budget with input from school administration The scope of administrative authority is so extensive, that the PTO's ability to operate as a separate 501c3 seems quite easily compromised. (I'd posted to this forum of our inability to fill our Treasurer role due to the admin approval requirement.) Undue influence could have partially been at play when the prior four PTO Mothers (officers last spring) knowingly signed these Bylaws into existence, with the administrative insertions "because he wouldn't have it any other way, and it's always how we have to operate anyway". (They are the first Bylaws for the organization, which was formed in 2016.) Could CT Statute Section 33 re nonprofit conflicts of interest be helpful to reign in administrative powers (possibly with the Executive Committee adopting conflicts of interest policies and procedures)? But it seems that we would be in a catch-22 yet again with administration approval required. Any suggestions please for what footing (from the above possibilities or others) to use in overturning the extensive administrative powers? Bylaws changes are needed of course, but how to implement this without being blocked by administration? The Bylaws Articles on Nonprofit Purposes and Powers are "clean", without administrative inclusion. However, the Policies Article includes: "This organization shall not seek to direct the administration of the school. To help ensure that the actions of this organization support the mission, vision, and direction of the school, this organization will seek the input and approval of the school's administration on all matters." Amendments to the Bylaws are stipulated normally within our Bylaws, including repeal as well, with two weeks notice and 2/3 vote of members. Only parents and teachers are members and can vote when in attendance. Administrators are not members and cannot vote. Could we move forward, seeking but without receiving, administrative approval, and have a member vote on updated Bylaws without the extensive administrative powers?
Can an HOA create fake news about me and restrict my presents from their office? I am taking them to small claims for reimbursement of water damage resulting from tree-roots on common area clogging the sewer line on common area causing flood in bathroom bedroom. Results are drying,replacing dry wall, carpet matting and re painting. They removed the tree on their common area but only want to pay half of resulting damages. And now are claiming I'm disrespectful too staff...who I've checked with and verified that they are miffed by mgrs claims! They like the facts I'm not going too roll over too this ridiculous stuff and I'm now considering a defamation battle ....which I do not want to pursue but it's my reputation and now lives in a file and I'm going to buy more rentals in this 55 and older retirement community! I like this beautiful place and the beautiful older neighbors..... Thanks.....Jimmy