Guest vanessa Posted May 1, 2012 at 03:59 AM Report Share Posted May 1, 2012 at 03:59 AM Is it correct that you cannot re-write by laws? When you amend the By-laws, should they be sent out to the body to review and at the next schedule meeting vote on them and then they set for 30 or 60 days. If no object they become laws. Link to comment Share on other sites More sharing options...
Chris Harrison Posted May 1, 2012 at 04:31 AM Report Share Posted May 1, 2012 at 04:31 AM Is it correct that you cannot re-write by laws? What do you mean by "re-write"? There is such a thing as revising the bylaws which means that there is an entire document that is being offered as a substitute for the current bylaws.When you amend the By-laws, should they be sent out to the body to review and at the next schedule meeting vote on them and then they set for 30 or 60 days. If no object they become laws. The bylaws hopefully will have an amendment provision. If so, follow it. If there is no amendment provision then it would take a majority of the entire membership if previous notice wasn't given or a 2/3 vote if previous notice was given in order to amend the bylaws. Link to comment Share on other sites More sharing options...
Guest Vanessa Posted May 1, 2012 at 05:11 AM Report Share Posted May 1, 2012 at 05:11 AM Yes, re-write is the correct word. What is the procedure to re-write the By-lawsDo By-Laws lay 30 or 60 days before coming law Link to comment Share on other sites More sharing options...
Trina Posted May 1, 2012 at 09:22 AM Report Share Posted May 1, 2012 at 09:22 AM Yes, re-write is the correct word. What is the procedure to re-write the By-lawsDo By-Laws lay 30 or 60 days before coming lawA re-write of the bylaws is called a revision. As for the procedure, a revision is simply one flavor of bylaws amendment, so the rules (which should be in the current bylaws) describing the bylaws amendment process also apply to a revision. That would typically include rules about notice, and about voting requirements to adopt an amendment to the bylaws. The typical process for considering a proposed revision (called consideration by paragraph or seriatim) is somewhat complex, and worth reading about (RONR 11th ed. pp. 276-280).I'm not sure what you have in mind about the 30 or 60 days before becoming law. Proposed bylaws amendments never take effect at all unless/until they are adopted by the required vote, no matter how long they have been hanging around with 'no object' (I assume you meant no objection?).On re-reading, your first post seems to suggest an aging process after the vote, before the bylaws amendment actually takes effect -- as far as the rules in RONR are concerned, a bylaws amendment takes effect the moment it is adopted. Link to comment Share on other sites More sharing options...
Guest Edgar Posted May 1, 2012 at 09:46 AM Report Share Posted May 1, 2012 at 09:46 AM Is it correct that you cannot re-write by laws?Yes, re-write is the correct word.I'm afraid that, without further clarification, "re-write" will remain the wrong word.Are you re-referring to re-printing the bylaws (thereby replacing the old copies) after they've been amended? Or something else.Keep in mind that the copies of the bylaws are not the bylaws themselves. Or, has been famously said, the map is not the territory. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 1, 2012 at 01:03 PM Report Share Posted May 1, 2012 at 01:03 PM Yes, re-write is the correct word. What is the procedure to re-write the By-lawsDo By-Laws lay 30 or 60 days before coming lawNo it's not the correct word. The correct word is "revise".And by-laws to not become "law" after "laying" for a number of days. Unless the motion to revise contains a proviso establishing some other effective date, they become effective immediately upon achieving an affirmative vote that meets the requirements in your bylaws. So you will need to check the bylaws as they read NOW, for that requirement and any other rules regarding revising the bylaws. All the rules must be followed.If, and only if, the bylaws contain no procedure for their own revision, then the default rules in RONR (outlined by Chris H. above) would apply. Link to comment Share on other sites More sharing options...
Guest vanessa Posted May 1, 2012 at 06:59 PM Report Share Posted May 1, 2012 at 06:59 PM how can we get By-Laws over turned that are being revised if they were not voted on by the body and a few members have re-written them because the new President don't like them. They plan to bring them to the meeting to be voted on. Link to comment Share on other sites More sharing options...
Trina Posted May 1, 2012 at 08:29 PM Report Share Posted May 1, 2012 at 08:29 PM how can we get By-Laws over turned that are being revised if they were not voted on by the body and a few members have re-written them because the new President don't like them. They plan to bring them to the meeting to be voted on.Vote against the proposed changes?I feel like I'm missing something here... Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 1, 2012 at 08:35 PM Report Share Posted May 1, 2012 at 08:35 PM how can we get By-Laws over turned that are being revised if they were not voted on by the bodyWell you can't "overturn" a bylaw amendment (or revision) if it hasn't been adopted by vote of the body.Whatever your bylaws are now, while someone/some body is revising them, is what your bylaws are. Any revision or singular amendment does not take effect until adopted by the membership (or whichever body is so authorized). If you don't like it, vote it down.and a few members have re-written them because the new President don't like them. They plan to bring them to the meeting to be voted on.Generally, any member can submit a bylaw amendment. These "few members" might get together and decide on some amendments to propose, no harm in that. It seems that you're saying there was some group that offered a revision, the President didn't like what they had, so some other members are doing their own "re-write." Without getting into the procedures for amendment as your bylaws should include (and such things as notice, voting threshold, etc), all of that monkey business going on in and of itself is not a problem. That's how changes come about, by members submitting amendments. But until the amendments or revision are brought to a vote, they are just a whole lot of wishful thinking. If enough members don't like what is presented, they can vote "no" and defeat the changes.And this business of the amendments "laying around" for a month or two and then magically becoming "law" is pure malarky (unless your rules say that's how it's done, which they better not!). So just get that idea out of your head. Link to comment Share on other sites More sharing options...
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