juliegia1087 Posted November 12, 2011 at 05:14 AM Report Share Posted November 12, 2011 at 05:14 AM Can board of Directors change a bylaw without going through club membership first to vote on it? Link to comment Share on other sites More sharing options...
Guest Nancy N. Posted November 12, 2011 at 08:39 AM Report Share Posted November 12, 2011 at 08:39 AM The bylaws can be changed only by the procedure for amending them that is included in the bylaws document itself. If the bylaws say that the board can amend them, then it can; if the bylaws do not, then it cannot. (If the bylaws actually don't have an amendment procedure in them, then according to Robert's Rules, the bylaws can be amended either with previous notice and then a 2/3 vote, or by a vote by a majority of the entire membership.) Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 12, 2011 at 12:21 PM Report Share Posted November 12, 2011 at 12:21 PM Can board of Directors change a bylaw without going through club membership first to vote on it?Check the bylaws for a provision that states how they are to be amended. That provision must be followed. The board cannot assume powers that are not given to it by the bylaws or by an act of the assembly of the society. Link to comment Share on other sites More sharing options...
Rev Ed Posted November 12, 2011 at 06:01 PM Report Share Posted November 12, 2011 at 06:01 PM And the amending formula can be totally unique to each organization. Link to comment Share on other sites More sharing options...
Josh Martin Posted November 13, 2011 at 03:39 PM Report Share Posted November 13, 2011 at 03:39 PM Check the bylaws for a provision that states how they are to be amended. That provision must be followed. The board cannot assume powers that are not given to it by the bylaws or by an act of the assembly of the society.In this particular case, I don't think the latter would be sufficient. I don't believe the power to amend the Bylaws could be delegated (although the society could certainly refer the topic to the board and adopt whatever the board recommends). Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 13, 2011 at 03:48 PM Report Share Posted November 13, 2011 at 03:48 PM In this particular case, I don't think the latter would be sufficient. I don't believe the power to amend the Bylaws could be delegated (although the society could certainly refer the topic to the board and adopt whatever the board recommends).I concur, where a bylaw amendment is concerned. My earlier post represents a general statement concerning the powers of a board. Link to comment Share on other sites More sharing options...
Guest juliegia Posted November 14, 2011 at 04:31 AM Report Share Posted November 14, 2011 at 04:31 AM Amendment in our bylaws These rules may be altered or amended by a two-thirds vote of the members present and voting at any regular meeting of the club, providing notification of such alteration or amendment shall have been given at a previous regular club meeting of the club. Former laws, rules, regulations and amendments of this club inconsistent with these enclosed laws,rules and regulations are herby repealed. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 14, 2011 at 01:06 PM Report Share Posted November 14, 2011 at 01:06 PM Amendment in our bylaws These rules may be altered or amended by a two-thirds vote of the members present and voting at any regular meeting of the club, providing notification of such alteration or amendment shall have been given at a previous regular club meeting of the club. Former laws, rules, regulations and amendments of this club inconsistent with these enclosed laws,rules and regulations are herby repealed.So, the board has no part in the amendment process. Link to comment Share on other sites More sharing options...
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