By law changes

[Guest Curt]

Our department is getting ready to vote on a bylaw change that would eliminate all of our officers and create a new board of directors and managers system. Is this something that can go into effect immediately or since the individuals were elected to a term does the bylaws change have to wait and not go into effect until the end of the terms. All of the terms are two years and expire in December. Nope

[Joshua Katz]

Unless the motion adopting them or the amendment itself says otherwise, or a provision in your bylaws says otherwise, bylaw amendments take effect immediately.

[Greg Goodwiller, PRP]

I concur with my colleague.

 

[Curt]

How does it work if no effective date is noted

[Joshua Katz]

It is effective immediately upon passage.

[Curt]

If that is the case who runs the remainder of the meeting

[Joshua Katz]

You could include a proviso in the motion to adopt the amendment that the change will take effect at adjournment, to prevent that problem.  I'm not sure that changing the bylaws in this manner without a proviso will remove the presiding officer, although I can see why it might.  If it makes the chair vacant, you will need to elect a chair pro tem until that's sorted out.  Or you can suspend the rules to allow the presiding officer to continue.  What will the new bylaw say about presiding officers?

 

[jstackpo]

Or you could gin up a more complex proviso that spelled out some sort of transition steps that will take you, your association, from the current structure to the new one.  You can adopt whatever pleases you, as long as a majority agree to the proviso, and 2/3 (unless you bylaws say something else) agree to the adoption of the new bylaws.