bylaws effective and retroactive

[Guest guest linda]

In sept. 2011, the PTO president, who had been running things alone for many years, resigned. The organization regrouped, electing a board.

The new bylaws say someone can not serve in any one office more than 2 terms. The old prez now wants to run again. We told her no, because she has already served 4 years. She says the new bylaws do not apply to her because she did not serve under the newly voted on bylaws, but under the old ones, which did not restrict terms of service

Do we have a leg to stand on?

[jstackpo]

Yes you do -- the current bylaws are the ONLY bylaws that matter. If they say no more than two terms, and she has served two terms, that's it.

The bylaws may have been amended, but it is the SAME organization that she served as president of.

[Gary Novosielski]

She's wrong.

The new (only) bylaws apply to her and everyone else now, because now is when she wants to run, and if the new bylaws say that someone who has already served two terms cannot be elected, she cannot serve again.