Term limit/New Bylaws

[patj]

The Club approved New Bylaws in April of 2011. Both the old and new Bylaws include a term limit of two one-year terms for the position of President.

The President, who was elected for a term of one year to start in January 2011 and who was also the President in the preceding year has been nominated to run for the same position for the term starting January 2012.

Are we (the Board) correct in assuming that with the approval of the new Bylaws, all rules under the old Bylaws are null and void; therefore, this person is allowed to run because his/her previous year and a part of another was under the old bylaws? Lastly, are we correct in thinking this person would not be able to run for the position as President the next year because a part of his/her term of 2011 was under the new bylaws.

Thanks

[Tim Wynn]

The Club approved New Bylaws in April of 2011. Both the old and new Bylaws include a term limit of two one-year terms for the position of President.

The President, who was elected for a term of one year to start in January 2011 and who was also the President in the preceding year has been nominated to run for the same position for the term starting January 2012.

Are we (the Board) correct in assuming that with the approval of the new Bylaws, all rules under the old Bylaws are null and void; therefore, this person is allowed to run because his/her previous year and a part of another was under the old bylaws? Lastly, are we correct in thinking this person would not be able to run for the position as President the next year because a part of his/her term of 2011 was under the new bylaws.

Thanks

The current bylaws are the only bylaws you use. However, you don't restart history when the bylaws are amended. If the term ilimit is two, that means two... not two since April.

[patj]

"The current bylaws are the only bylaws you use. However, you don't restart history when the bylaws are amended. If the term ilimit is two, that means two... not two since April."

Appreciate you quick response; however, I need to clarify it. I understand that the current (new) Bylaws are the ones to use. The New Bylaws were voted into being in April of this year; however, general elections for Board positions last took place in December 2010 with the new Board being seated in January 2011 which means the current President (who is the one who wants to run again) was in office 3 months under the old Bylaws. Both old and new Bylaws allow the President to serve only 2 one-year terms. Does the 3 months already served under the old Bylaws count as part of that 2 one year stipulation?

A 2nd question has also come up. What if no one is willing to run for the position of President? Is there any way for the Club to continue without a President?

Thanks again,

[LeeM]

Does the 3 months already served under the old Bylaws count as part of that 2 one year stipulation?

It is not correct to think of the President's service in office in terms of how much service was spent under a certain set of bylaws. The President's service stands on its own.

From your original explanation, the current President first served from January 2010 to December 2010, and is currently serving a second term (January 2011 to December 2011). In December 2011 your current President will have served two one-year terms. You should conclude that the term limit in your bylaws will prevent the current President from serving as President in 2012.