Jump to content
The Official RONR Q & A Forums

status of officers before/ after new bylaws


MaC

Recommended Posts

The new group i am with is drafting its first bylaws. They have met and had elections for officers (president, VP, secretaries, treasurer) over the past three years. Now, when the new bylaws are drafted and approved, can the current officers remain as officers? Would their official term automatically begin at the time of the bylaws approval? Or does the bylaws approval mean we should have a new election of officers?

Related question --Should membership dues be collected before or after the bylaws are approved?

Thanks for any advice you can give.

Link to comment
Share on other sites

The new group i am with is drafting its first bylaws. They have met and had elections for officers (president, VP, secretaries, treasurer) over the past three years. Now, when the new bylaws are drafted and approved, can the current officers remain as officers? Would their official term automatically begin at the time of the bylaws approval? Or does the bylaws approval mean we should have a new election of officers?

Related question --Should membership dues be collected before or after the bylaws are approved?

Thanks for any advice you can give.

The best way to handle this situation is to make a decision amongst yourselves add a proviso to the motion to adopt bylaws stating what exactly will happen. Since, ultimately, it would be up to your assembly to decide on the application of the bylaws, it makes sense to cut directly to that and have them decide in advance. One thing not to do is add text to the bylaws stating "When these first come into effect..." since then that phrase will stay around even when it's not doing anything any more.

As for membership dues, if you do not currently have membership dues, you should not collect them until after they have been officially approved, however that may be.

Link to comment
Share on other sites

The new group i am with is drafting its first bylaws. They have met and had elections for officers (president, VP, secretaries, treasurer) over the past three years. Now, when the new bylaws are drafted and approved, can the current officers remain as officers? Would their official term automatically begin at the time of the bylaws approval? Or does the bylaws approval mean we should have a new election of officers?

Related question --Should membership dues be collected before or after the bylaws are approved?

Thanks for any advice you can give.

The best advice is, first thing, to take a few minutes (maybe a half hour, your first time) and read what RONR says about forming a new society -- about 7 pages, p. 536 ff. (I wish you had asked this three years ago!) I note that some of what you have already done seems to have been in reverse chronological order from what's prescribed. Formally, there weren't any officers at all until bylaws are adopted that define the offices; RONR says (referring to a previous resolution affirming the intention of forming the organization), "This resolution ... is only a declaration of intention; its adoption does not bring the organization into being, which is accomplished by the adoption of bylaws.... [p 538]"

With that said, I don't think your questions can be definitively answered. The stock answer around here is, it depends on what your bylaws say -- but that won't help. I'll tentatively suggest that you look at your questions, decide what you want to happen, and adopt provisos with the bylaws that will spell out the mechanics of the transition. You might do well to engage a professional parliamentarian to help with ironing out the wrinkles. And come back with more questions as they come up (it's looking like a real slow overnight shift tonight) ... and if more questions don't come up, I"d worry.

(Not to say you should worry. Most wouldn't. To some, worry is a bane; me, it's my art form.)

Link to comment
Share on other sites

The new group i am with is drafting its first bylaws. They have met and had elections for officers (president, VP, secretaries, treasurer) over the past three years. Now, when the new bylaws are drafted and approved, can the current officers remain as officers? Would their official term automatically begin at the time of the bylaws approval? Or does the bylaws approval mean we should have a new election of officers?

Related question --Should membership dues be collected before or after the bylaws are approved?

Unless a proviso was adopted which specified that the initial officers will continue as the "official" officers in the permanent society, I suspect elections will need to be held. As Mr. Tesser suggests, however, a careful review of the Bylaws will be required to know for sure. Of course, if the society likes the job these officers are doing, it's free to re-elect them.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...