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Jenn

Nominations and Potential Bylaws Change

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The organization has received recommendations for bylaws changes and disseminated them to the membership in preparation for the annual meeting.  One of the recommendations, which will probably be adopted limits the number of elected officers that come from the same geographical area.  There are no provisions in the bylaws that delay implementation of the bylaws once adopted and bylaws are voted on during the first plenary on the first day.  

The nominations committee started their work and it is possible that nominees may come from geographical areas that if elected would conflict with the anticipated bylaws adoption. Elections occur during the last plenary on the last day. 

Should nominees be determined ineligible if they conflict with newly adopted geographical limits? If so, what RONR reference supports this?

Or are nominees allowed to run for office because the call for nominations were sent prior to the bylaws being adopted? If so, what RONR reference supports this?

 

 

 

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Guest Who's Coming to Dinner

With no proviso for implementation, the bylaw amendment becomes effective immediately and there is no "out" for your nominees.

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56 minutes ago, Jenn said:

Should nominees be determined ineligible if they conflict with newly adopted geographical limits? If so, what RONR reference supports this?

Yes. “An amendment to the bylaws goes into effect immediately upon its adoption unless the motion to adopt specifies another time for its becoming effective, or the assembly has set such a time by a previously adopted motion.” (RONR, 11th ed., pg. 597)

Since the proposed amendments have not yet been adopted, however, it is not too late to adopt a proviso.

“While the amendment is pending, a motion can be made to amend the enacting words of the motion to amend by adding a clause such as this: ". . . with the proviso that [or, ". . .provided, however, that"] this amendment shall not go into effect until after the close of this annual meeting." Or, while the amendment is pending, an incidental motion can be adopted that, in the event of the amendment's adoption, it shall not take effect until a specified time. Either method requires only a majority vote.” (RONR, 11th ed., pg. 597)

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