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Ok I hope you can follow

The organization I belong to is thinking about doing two year terms for the Board of Directors.

The current bylaw say the pres elect will take office of president after serving one year as president elect.

The slate was voted on last spring so the current PE should take office on June 1,2015

We are voting on two year terms next month

The current PE if we vote in two year terms would like to do a two year term as PE ( meaning she does not want to take office till June 1,2016 and allow the sitting President serve an extra year as well.

A member says we cant do that because when the slate was voted in it was under the old bylaw so the current PE has to take office on June 1,2015

Is that true?

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Ok I hope you can follow

The organization I belong to is thinking about doing two year terms for the Board of Directors.

The current bylaw say the pres elect will take office of president after serving one year as president elect.

The slate was voted on last spring so the current PE should take office on June 1,2015

We are voting on two year terms next month

The current PE if we vote in two year terms would like to do a two year term as PE ( meaning she does not want to take office till June 1,2016 and allow the sitting President serve an extra year as well.

A member says we cant do that because when the slate was voted in it was under the old bylaw so the current PE has to take office on June 1,2015

Is that true?

 

No, the member is incorrect. If the bylaws are amended, then it will be the amended bylaws which control such details, and what the bylaws said on this subject previously will become irrelevant. Depending on exactly how the bylaws are worded, a proviso may be necessary to get this to work correctly, but this is certainly possible.

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Ok let me give another situation to make sure I have things covered.

So if the slate get passed next month under the one year term.

And the two year gets voted down next month.

Than in our next meeting in Aug we reintroduce the motion for two year terms

Can both the current president and current PE and everyone else on the slate be two year terms ( they would have been done with position on May 31,2016 but now would not be done till May31,2017) even if they are an elect ( for example a board member elect who would thought she was taken office on June 2016 but now will not take office till June 2017 ) or do we have to ask her what she wants to do?

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Can both the current president and current PE and everyone else on the slate be two year terms ( they would have been done with position on May 31,2016 but now would not be done till May31,2017) even if they are an elect ( for example a board member elect who would thought she was taken office on June 2016 but now will not take office till June 2017 ) or do we have to ask her what she wants to do?

 

It depends on exactly how the bylaws are worded. It might require a proviso.

 

Let's suppose that the new bylaws simply provide that board members shall serve two year terms, with no further explanation. In such a case, any officers would then serve two year terms - including the current officers.

 

On the other hand, suppose that the new bylaws provide that board members shall be elected "in odd numbered years" or "in even numbered years." Then things become a bit more complicated. If it's the former, then if officers were elected in 2015, they'd serve a two-year term. If it's the latter, then if officers were elected in 2015, they'd serve a one-year term, and future officers would serve two-year terms. To get around this, the assembly could adopt a proviso that the officers elected in 2015 would serve until 2018, so they'd serve a three-year term. They would not, in any event, serve a two year term, or it would ruin the schedule specified in the bylaws.

 

If the new bylaws provide for staggered terms, then it gets even more interesting. :)

 

As for your board member who thought she would be done in 2016, she could certainly resign at that time, and then you'd find someone to fill the vacancy for the remainder of the term, following the procedures in your bylaws for doing so.

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If we want to do staggered terms so some positions are two years 2015/2016 & 2016/2017 and some are one ( for the first year 2015/2016 and go into two years 2016/2017 & 2017/2018 )

What would that look like or who can I call to help write that by law ?

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If we want to do staggered terms so some positions are two years 2015/2016 & 2016/2017 and some are one ( for the first year 2015/2016 and go into two years 2016/2017 & 2017/2018 )

What would that look like or who can I call to help write that by law ?

 

The National Association of Parliamentarians and American of Institute of Parliamentarians can both help you find a professional parliamentarian in your area.

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