Bookish Posted February 10, 2017 at 08:15 PM Report Share Posted February 10, 2017 at 08:15 PM Our Bylaws specify how to become a member. Fill out the application form, attach a check for dues and a non-refundable "application" fee, send application to the Membership Secr "......who shall determine if it is in order and if so, shall promptly send the application to the Board and the fees to the Treasurer." Then the Bylaws say how the applicants will be elected and the results of an up or down vote. However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so. My question - are these extra hurdles allowed or must they be in the Bylaws? Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted February 10, 2017 at 08:27 PM Report Share Posted February 10, 2017 at 08:27 PM Only your organization can interpret its bylaws, but there is a principle of interpretation which says that things of a certain class are permitted, others are thereby prohibited. Under this principle, it would appear that the board is not permitted to create additional hurdles to membership unless some other provision gives them that prerogative. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted February 10, 2017 at 08:35 PM Report Share Posted February 10, 2017 at 08:35 PM 17 minutes ago, Bookish said: Our Bylaws specify how to become a member. Fill out the application form, attach a check for dues and a non-refundable "application" fee, send application to the Membership Secr "......who shall determine if it is in order and if so, shall promptly send the application to the Board and the fees to the Treasurer." Then the Bylaws say how the applicants will be elected and the results of an up or down vote. However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so. My question - are these extra hurdles allowed or must they be in the Bylaws? You neglect to tell us who votes on admission to membership. Is it the Board? Quote Link to comment Share on other sites More sharing options...
Bookish Posted February 10, 2017 at 08:40 PM Author Report Share Posted February 10, 2017 at 08:40 PM Yes, it is the Board. This is what I found in the Bylaws, under Powers and Duties - "General management of the Club's affairs and the control of its property shall be entrusted to the Board of Directors, exercising these powers and performing those duties specified in these Bylaws and transacting the general business of the Club not otherwise provided for in these Bylaws. The President and/or the Board acting as a body shall have an unqualified right of access to the books, records and files of the Club." Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted February 10, 2017 at 08:49 PM Report Share Posted February 10, 2017 at 08:49 PM 3 minutes ago, Bookish said: Yes, it is the Board. This is what I found in the Bylaws, under Powers and Duties - "General management of the Club's affairs and the control of its property shall be entrusted to the Board of Directors, exercising these powers and performing those duties specified in these Bylaws and transacting the general business of the Club not otherwise provided for in these Bylaws. The President and/or the Board acting as a body shall have an unqualified right of access to the books, records and files of the Club." But you say that "the Bylaws say how the applicants will be elected and the results of an up or down vote." What do the bylaws say in this connection? Are there any guidelines in the bylaws as to qualifications for membership? Quote Link to comment Share on other sites More sharing options...
Bookish Posted February 10, 2017 at 09:08 PM Author Report Share Posted February 10, 2017 at 09:08 PM From the Bylaws after application is filled out, submitted to the Membership Secr and sent to the Board and the fees to the Treasurer. "Applicants shall be elected by secret ballot at any meeting of the Board of Directors. Affirmative votes of two-thirds (2/3) of the Directors present and voting at a meeting of the Board shall be required to elect an applicant. An application which fails to receive the required number of affirmative votes may be presented by one of the applicant's endorsers at the next Annual Meeting of the Club. The membership shall elect such applicant by secret ballot by a favorable vote of seventy-five (75%) percent of the members present and voting". From the Bylaws, qualifications for "Regular Membership shall be open to all persons residing in the United States who are 18 years of age and older, who are in good standing with the AKC and who subscribe to the purposes of this Club and the Code of Ethics". Quote Link to comment Share on other sites More sharing options...
Tom Coronite Posted February 10, 2017 at 09:15 PM Report Share Posted February 10, 2017 at 09:15 PM 54 minutes ago, Bookish said: However, the Board has imposed some other hurdles for the applicants to go through including publishing their names in the Club bulletin and asking for feedback (positive or negative), and giving the members 30 days to do so. My question - are these extra hurdles allowed or must they be in the Bylaws? Perhaps this is not a hurdle at all. Perhaps the board is simply looking for input so as to be well-informed before they make the decision that you earlier indicated is theirs to make. If the board were to publish their names in the bulletin and add a requirement that X number of people must recommend the potential members before admission, or something like that, I could easily see that as adding a hurdle. Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted February 10, 2017 at 09:28 PM Report Share Posted February 10, 2017 at 09:28 PM It does seem as if your Board has a great deal of latitude as to what input or information it may seek in order to satisfy itself as to whether or not it should admit an applicant to membership. Quote Link to comment Share on other sites More sharing options...
Bookish Posted February 10, 2017 at 09:39 PM Author Report Share Posted February 10, 2017 at 09:39 PM What would give the Board the latitude to impose other requirements? Quote Link to comment Share on other sites More sharing options...
Dan Honemann Posted February 10, 2017 at 09:49 PM Report Share Posted February 10, 2017 at 09:49 PM 6 minutes ago, Bookish said: What would give the Board the latitude to impose other requirements? Isn't the Board just seeking feedback from the membership before making its decision? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted February 10, 2017 at 09:50 PM Report Share Posted February 10, 2017 at 09:50 PM 8 minutes ago, Bookish said: What would give the Board the latitude to impose other requirements? This doesn't seem like a requirement, as 1st Church has noted. They seem to be seeking information before deciding. It doesn't seem to violate and rule you've quoted. Quote Link to comment Share on other sites More sharing options...
Bookish Posted February 10, 2017 at 09:56 PM Author Report Share Posted February 10, 2017 at 09:56 PM I wasn't looking at it from the perspective of seeking more information. I was looking at it as imposing rules for membership that aren't in the Bylaws. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted February 10, 2017 at 10:15 PM Report Share Posted February 10, 2017 at 10:15 PM I think information gathering is a very fair way to look at what's happening here. They could just as easily appoint a committee to gather information and report back to the board within 30 days, they're just taking a rather unique approach to information gathering. Quote Link to comment Share on other sites More sharing options...
Bookish Posted February 10, 2017 at 10:41 PM Author Report Share Posted February 10, 2017 at 10:41 PM Thank you - all your comments helped "expand my horizons" re the Bylaws Quote Link to comment Share on other sites More sharing options...
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