Jump to content
The Official RONR Q & A Forums

Provisos


Guest Lisa Vaughan

Recommended Posts

The organization I belong to wants to move to a new governance structure. ( our year is June 1st to May 31st) 

 

So a by law to support the new  structure was made and  pasted by the Board of Directors and the General Membership in January of 2015. Because we are in the middle of a year with our old/current governance system we placed a provisos on the motion that the bylaw would be in effect  June 1, 2015. So the current system could continue and the new system would start with next years organizations calendar being we start a new year on June 1st. 

 

Was this correct? 

 

Now the Nomination committee is saying they can't slate for the new governance system because we are still using our current bylaws for this/current  governance system. HELP??? 

Link to comment
Share on other sites

I listed the by laws below so you can understand what Im asking. 

 

I also am not sure where to place the names of the positions we want on the board or where it should say not to slate more than 3 members at large.

 

 

 

ARTICLE VI

 
BOARD OF DIRECTORS
 
Section 1. Composition.
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
(a) The number of Directors constituting the entire Board of Directors shall be not fewer than five (5) and not greater than thirty (30). The required minimum and maximum number of Directors may be increased or decreased by a majority vote of the Directors then in office provided that no decrease shall shorten the term of any Director in office at the time of such vote.
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
( B) The Board of Directors shall consist of the Officers of the League, the Directors or At-Large Directors and any other members in good standing who may have been elected to the Board of Directors.
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
Section 2. Election and Eligibility.
 
Directors shall be elected by the membership from a slate prepared by the Nominating Committee. All candidates for directorships must be members of the League in good standing, as defined by these Bylaws, at the time of their application for consideration and must maintain this status throughout their directorship if elected.
 
Section 3. Term.
 
Voted by BOD Feb 2015 (Needs to go to Membership in March )
 
(no provisos)
 
(a) The term of office for Directors shall be 2 years and Directors may serve until their successors have been duly elected.
 
Voted by BOD March 2015 ( Needs to go to Membership in March )
 
( no provisos)
 
(b)The term of office for no more than (1) Member at Large position may be for 1 year with approval by the Board of Directors and stated Director may serve until their successor have been duly elected.
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
Section 4. Duties.
 
The Board of Directors has authority and responsibility for governance and management of the League. The Board of Directors shall have full power and authority to:
 
(a) Guide the League’s compliance with the Junior League Mission, Vision and Reaching Out Statement and the Association of Junior Leagues International, Inc.;
 
( B) Ensure that the League is in compliance with all legal regulations, rules and ethical standards, maintains its accountability to the community and operates for the public good, in accordance with the purposes and limitations set forth in the Certificate of Incorporation of the League and in these Bylaws;
 
© Set policies and goals, direct planning and oversee the implementation of plans so as to enhance the effectiveness of the League’s programs, promote the achievement of established goals, and further the work and impact of the League. Those policies which impact the rights, privileges and responsibilities of the members of the League shall require approval of the membership entitled to vote before they are carried into effect. All other policies shall be approved by the Board of Directors, except as may otherwise be required by law;
 
(d) Determine the management structure necessary to carry into effect the operations and plans of the League, including determining the number and duties of those designated to lead the management structure;
 
(e) Ensure that the League has adequate resources to fulfill its Mission and goals;
 
(f) Execute prudent financial oversight, including ensuring appropriate financial controls are in place and that the League responsibly budgets, invests and uses the funds at its disposal; and
 
(g) Perform its duties in ways that will enhance the League’s reputation in the community.
 
ARTICLE IX
 
OFFICERS
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
Section 1. Composition.
 
The Officers of the League shall be the President, President-Elect, Secretary and the Treasurer.
 
Voted by BOD and Membership in January 2015 (Provisos June 1, 2015)
 
Section 2. Election and Eligibility.
 
Officers (other than the President) shall be elected by the membership from a slate prepared by the Nominating Committee. All candidates for Officer positions must be members of the League in good standing, as defined by these Bylaws, at the time of their application for consideration and must maintain this status throughout their term of office if elected.
 
Voted by BOD Feb 2015 (Needs to go to Membership in March (no provisos)
 
Section 3. Term.
 
(a) Other than the President-Elect, the term of each office shall be 2 years and each Officer may serve until her successor is duly elected. The President-Elect shall serve a one-year term in the last year of the President’s term and then assume the office of President.
Link to comment
Share on other sites

I didn't actually read through your cited bylaw provisions  (we are not in the bylaw business here except as they involve RONR - for more help than we can give, see below), you are quite correct with respect to your initial concern:  you use of a "delay" proviso is quite correct, presuming your membership understood their intent during their adoption in January.

 

As to your reluctant Nominating Committee, remind them that as of June 1st the new bylaw provisions will be in effect and they had better be ready for that event and be prepared to make their report following the new provisions.  (I presume your election meeting will take place after June 1.)

 

If you seek extensive parliamentary guidance, particularly with respect to your bylaws...

 

Anticipate your
Continuing  big troubles
Are procedural?

Should get in touch with
Real parliamentarian
In your area

As soon as you can
(Not virtual ones like us)
For consultations.

(Can you do Haiku better, please?)

Contact either (or both) the ...

National Association of Parliamentarians
213 South Main St.
Independence, MO  64050-3850

Phone: 888-627-2929
Fax: 816-833-3893;  
e-mail: hq@NAP2.org  
<<www.parliamentarians.org>>


or

Sharon Barkmeier, AIP Account Manager
American Institute of Parliamentarians
618 Church Street, Ste 220
Nashville, TN 37219

phone: 888-664-0428
sbarkmeier@aipparl.org
<< www.aipparl.org >>


for a reference or information.

Link to comment
Share on other sites

Ps it should have read what if now the nom committee says they can't slate for new structure.. Did not want to mis lead. Just want to make sure we are covered. We would like to slate soon, instead of later. Are we allowed to slate before June 1st? 

Thanks again for helping with By Law ref. I will give them a call. 

 

Link to comment
Share on other sites

We would like to present the set of nominees this month and vote on them in April. Everyone will take office on June 1st ( it states that on the set of nominees,it list the years the will hold office) 

if the list of nominees states if will go into effect June 1st will that make it official? 

 

If we need to how can we change the original motion or take away or change the proviso now that it has been voted on? and would we need to have it go to the Boards of Directors or can we take a motion straight to the membership? 

Link to comment
Share on other sites

The organization I belong to wants to move to a new governance structure. ( our year is June 1st to May 31st) 

 

So a by law to support the new  structure was made and  pasted by the Board of Directors and the General Membership in January of 2015. Because we are in the middle of a year with our old/current governance system we placed a provisos on the motion that the bylaw would be in effect  June 1, 2015. So the current system could continue and the new system would start with next years organizations calendar being we start a new year on June 1st. 

 

Was this correct? 

 

Now the Nomination committee is saying they can't slate for the new governance system because we are still using our current bylaws for this/current  governance system. HELP??? 

 

 

Yes, you were quite correct.

 

The nomination committee is being at least a little foolish.  Their job is to prepare for the upcoming election and, presuming the upcoming election will take place under the new rules, the committee is or should be fully aware of that, and should act accordingly. 

Link to comment
Share on other sites

We would like to present the set of nominees this month and vote on them in April. Everyone will take office on June 1st ( it states that on the set of nominees,it list the years the will hold office) 

if the list of nominees states if will go into effect June 1st will that make it official? 

 

If we need to how can we change the original motion or take away or change the proviso now that it has been voted on? and would we need to have it go to the Boards of Directors or can we take a motion straight to the membership? 

Oh dear, now things are getting complicated since the elections will be taking place under the OLD (actually "current" until June 1)  bylaws.

 

Let's start here:  when do the old bylaws say the election is supposed to take place? 

 

(We can deal with one question at a time since there may be a lot of contingencies based on answers.)

Link to comment
Share on other sites

Best bet:

 

Hold the meeting in April (unless you can get "they" to request moving it to June, presuming - I doubt it - that the Board or even the general membership has the authority to reschedule things at "their" request),  (whether they had the authority or not, done is done),

 

BUT...

 

at the April meeting, when the elections are pending, move to postpone the elections until the June meeting.  Majority is sufficient to do so.   I'm presuming there is no May meeting.  If there is, just postpone to May, then in May, postpone again until June.

 

Take care of your regular April business, and then in June you can do the elections following the "new" bylaws.

 

Parliamentary procedure always finds a way...

Link to comment
Share on other sites

Archived

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

×
×
  • Create New...