stature Posted April 30, 2011 at 06:59 PM Report Share Posted April 30, 2011 at 06:59 PM Our organization has bylaws in place that provide for officer positions with a two year term. The problem is that other changes over the years have eliminated the need for this one officer position because there is nothing for the officer to oversee anymore. It is a paid position. We will have our national meeting in the fall.Under current bylaws, we have to elect someone to this position.Under current bylaws, this officer is listed with other positionsas having a two year term. Our bylaws don't allow suspension. I want to propose a new bylaw to shorten the term of this officer position now to end it this year(in addition to changing the bylawsand eliminating this officer position from the list so we'll no longerbe electing this officer position in 2013 two years from now)The bylaw change I will suggest: "Officer position shall end at midnight on the last day of 2011". Question: Is there any problem that the experienced parliamentarians herecan foresee? That is, will there be any violations claimedgiven that the people who run for the officer position are doing so under bylaws that list it as having a two year term? Or is it perfectly fine to put a new rule in the bylaws that cuts that term short now?I don't want to see unanticipated claims of violations of rights under Robert's RulesI also have been thinking about whether elections fall under the category of'rules of order' and can be suspended via a motion to suspend the electionof that officer indefinately (that way we could get rid of the positionfrom this coming election). Or is it a basic right of an individual to run for that office since its listed in the bylaws, and therefore theelection is not suspendable? Link to comment Share on other sites More sharing options...
hmtcastle Posted April 30, 2011 at 07:15 PM Report Share Posted April 30, 2011 at 07:15 PM is it perfectly fine to put a new rule in the bylaws that cuts that term short now?Yes.I also have been thinking about whether elections fall under the category of 'rules of order' and can be suspended via a motion to suspend the election of that officer indefinately (that way we could get rid of the position from this coming election).No. Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 30, 2011 at 07:16 PM Report Share Posted April 30, 2011 at 07:16 PM Our organization has bylaws in place that provide for officer positions with a two year term. The problem is that other changes over the years have eliminated the need for this one officer position because there is nothing for the officer to oversee anymore. It is a paid position. We will have our national meeting in the fall.Under current bylaws, we have to elect someone to this position.Under current bylaws, this officer is listed with other positionsas having a two year term. Our bylaws don't allow suspension. I want to propose a new bylaw to shorten the term of this officer position now to end it this year(in addition to changing the bylawsand eliminating this officer position from the list so we'll no longerbe electing this officer position in 2013 two years from now)The bylaw change I will suggest: "Officer position shall end at midnight on the last day of 2011". Question: Is there any problem that the experienced parliamentarians herecan foresee? That is, will there be any violations claimedgiven that the people who run for the officer position are doing so under bylaws that list it as having a two year term? Or is it perfectly fine to put a new rule in the bylaws that cuts that term short now?I don't want to see unanticipated claims of violations of rights under Robert's RulesI also have been thinking about whether elections fall under the category of'rules of order' and can be suspended via a motion to suspend the electionof that officer indefinately (that way we could get rid of the positionfrom this coming election). Or is it a basic right of an individual to run for that office since its listed in the bylaws, and therefore theelection is not suspendable?You might want to take a look at RONR (10th ed.), pp. 578, 579, having to do with the time at which an amendment to the bylaws takes effect and the particular difficulties encountered when changing officers' terms of office, salaries, privileges, etc. If you have questions pertaining to the civil law, you might want to discuss them with an attorney. Link to comment Share on other sites More sharing options...
stature Posted April 30, 2011 at 07:26 PM Author Report Share Posted April 30, 2011 at 07:26 PM Thank you for the replies. I think I'll go for a bylawto cut the term short then. We're paying for someoneto do nothing. I'd like that job too , who wouldn't,but in the interests of the organization, its got to go. Link to comment Share on other sites More sharing options...
Rob Elsman Posted April 30, 2011 at 07:30 PM Report Share Posted April 30, 2011 at 07:30 PM Thank you for the replies. I think I'll go for a bylawto cut the term short then. We're paying for someoneto do nothing. I'd like that job too , who wouldn't,but in the interests of the organization, its got to go.Read before you act. Link to comment Share on other sites More sharing options...
Gerry4000 Posted April 30, 2011 at 07:59 PM Report Share Posted April 30, 2011 at 07:59 PM How is the compensation of this officer set? Might it be simpler to just cut the pay of the position? I m just guessing, but I wonder if the bylaws set the compensation. Link to comment Share on other sites More sharing options...
stature Posted April 30, 2011 at 08:28 PM Author Report Share Posted April 30, 2011 at 08:28 PM How is the compensation of this officer set? Might it be simpler to just cut the pay of the position? I m just guessing, but I wonder if the bylaws set the compensation.the people at the meeting set the compensation for thetwo year termedit to add: its paid monthly Link to comment Share on other sites More sharing options...
stature Posted April 30, 2011 at 08:31 PM Author Report Share Posted April 30, 2011 at 08:31 PM Read before you act. I'll read and re-read. I'm planning to announce theproposed change and cc the general counsel of theorganization. I figure if I write it up carefully and there's still something wrong, the counsel will haveto earn his keep and tell me why. Link to comment Share on other sites More sharing options...
Gerry4000 Posted May 1, 2011 at 12:42 AM Report Share Posted May 1, 2011 at 12:42 AM the people at the meeting set the compensation for thetwo year termedit to add: its paid monthlyThen, at the next meeting, make a motion to rescind/amend something previously adopted that terminates the payment immediately (or, perhaps in 30 days). To pass, the motion would need a 2/3 vote of those present and voting OR a majority of the entire organization (that sets the comensation). The third way is to give advance notice of the motion and then it only requires a majority of those present and voting. Link to comment Share on other sites More sharing options...
hmtcastle Posted May 1, 2011 at 12:46 AM Report Share Posted May 1, 2011 at 12:46 AM Then, at the next meeting, make a motion to rescind/amend something previously adopted that terminates the payment immediately (or, perhaps in 30 days).Though one should not confuse the ability to rescind a previously adopted motion with the ability to breach a contract (if one exists).And I'm not sure where the "30 days" comes from. Thin air? Link to comment Share on other sites More sharing options...
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