Proposed amendment to ByLaws

[Guest missy]

Proposed bylaw amendment -

The amendment section of our Bylaws states that a proposed amendment must be made in writing to the board one week prior to the general meeting of the club (these are held montly). It also specifies votes needed to pass (2/3 for constitution; majority for bylaws). The section provides no guidance regarding notification to the members at large. The board has just received written notice of a proposed bylaw change - although it is not complete in terms of specifically indicating what would be stricken from the original bylaw and what would be replaced, etc. It's more of a conceptual thing but is being stated as an amendment to the bylaws. The change would involve who serves on our nominating committee which has already been announced for this year and is being presented by someone who is aggressively seeking an office so it's as if there is an effort to change the rules midstream. The presenter is expecting this item to be on the agenda for our upcoming general meeting. Here are my questions:

1. Do we present the change at our next general meeting "as is" or are we obligated to discuss it further with the presenter to get it into proper form for what he wants to accomplish? In the absence of a bylaw committee - who should do the wording?

2. In the absence of specific notification procedures (for the general membership) in the bylaws - how do we handle notification? Would we actually vote on it at this upcoming meeting or should it be presented at this meeting and voted on at the next?

3. Our nominating committee has already been announced for this year (following current bylaws) so when would the proposed change take affect if it were to pass? If that would be next year - what is the best way to explain that to the presenter so he understands it's the proper way to do it given the timing of his proposal.

And another general question: Our bylaws have parts that conflict - in one section it might state the VP cannot do x but in another article it states the VP can do x and explains the procedure for doing x. If push comes to shove, is there a way to determine which rule applies? Both are in the bylaws. Clearly we need a thorough review and revision....

Thanks so much for help! If perspective is needed, this is a booster group - parents become members when their kids are selected.

[Robert B Fish]

The questions you are asking all seem to be interpretations of what your bylaws say I can just say you need to follow the procedures in your bylaws to amend them.

It is quite unusual to allow amendment to the bylaws without notice to the members and with only a majority vote. ...but they ARE your bylaws and that's apparently what your organization wants.

Where there are parts of the bylaws that conflict, the organization will have to determine how to operate. Make a point of order that, e.g. the VP CAN do X even though the other section conflicts. The chairman will rule on your point of order and you can appeal the ruling if your disagree with the ruling. Then you should amend your bylaws to fix the problem section.

-Bob

[Guest missy]

Thank you Bob for your help. Do you (or anyone) have an opinion on the timing vis a vis the committee has already been announced for this year? If a vote is taken on an amendment that changes the make up of the committee - does that go into affect immediately - as in midstream during this year's nominating process?

Thank you.

Missy

[Gary Novosielski]

Thank you Bob for your help. Do you (or anyone) have an opinion on the timing vis a vis the committee has already been announced for this year? If a vote is taken on an amendment that changes the make up of the committee - does that go into affect immediately - as in midstream during this year's nominating process?

How is it going to change the makeup of the committee? The bylaws amendment doesn't have people's names in it, I trust.

Amendments to the bylaws go into effect immediately, unless the motion to adopt them contains a proviso saying that, if passed, they are to go into effect at some other time. You could offer an amendment to the motion to add it. (majority vote)

But no bylaws amendment is in order unless it specifies precisely what words are to be struck, or inserted, or which provides the exact text of one or more paragraphs which are being proposed as substitutes. "Hey guys, we oughta do it kinda like this..." is not acceptable.