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Guest Georgia

Can a current officer also serve on the nominating committee if the bylaws are silent on the composition of the nominating committee?

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14 minutes ago, Guest Georgia said:

Can a current officer also serve on the nominating committee if the bylaws are silent on the composition of the nominating committee?

Yes.

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Guest Georgia

We have discovered that the stipulation that officers cannot serve was accidentally omitted from the last bylaws revision. How can we correct that error?

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6 minutes ago, Guest Georgia said:

We have discovered that the stipulation that officers cannot serve was accidentally omitted from the last bylaws revision. How can we correct that error?

Amend your bylaws to put it back in, by following the procedure set out in the bylaws for amending them.

Note:  The only restriction in that regard which RONR suggests is that the bylaws should contain a provision that the president shall not appoint nor be a member of the nominating committee.  RONR does not suggest any other such restrictions for other officers or for the president when it comes to other committees.  Normally, the president is a member, ex officio, of all committees EXCEPT the nominating committee.

Even though your bylaws do not currently contain any such restriction, you are certainly free to not appoint or elect current officers to committee positions! 

Edited by Richard Brown
Corrected typo in first sentence

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16 minutes ago, Richard Brown said:

Normally, the president is a member, ex officio, of all committees EXCEPT the nominating committee.

Just to be clear, the word "normally" here means that this is what is often seen in organizations. It is not a default so, if you want to follow this practice, then you will need to have this provision in your bylaws.

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8 minutes ago, Atul Kapur said:

Just to be clear, the word "normally" here means that this is what is often seen in organizations. It is not a default so, if you want to follow this practice, then you will need to have this provision in your bylaws.

Yes, I agree.  Thank you.

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Guest Georgia

I understand, but I was hoping there was another way to re-insert the deleted passages. The secretary prepared the finalized version after we voted for several amendments, but due to some carelessness, she "cut" various sentences to rearrange sections, etc., and forgot to "paste" them back. It wasn't until the revised copies were distributed that these omissions were discovered. Our meeting minutes have all the proposed amendments recorded and the outcome of the votes for them. It is clear, and can be proved, that those omissions were never voted upon. Does this affect how we can correct the errors?

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19 minutes ago, Guest Georgia said:

I understand, but I was hoping there was another way to re-insert the deleted passages. The secretary prepared the finalized version after we voted for several amendments, but due to some carelessness, she "cut" various sentences to rearrange sections, etc., and forgot to "paste" them back. It wasn't until the revised copies were distributed that these omissions were discovered. Our meeting minutes have all the proposed amendments recorded and the outcome of the votes for them. It is clear, and can be proved, that those omissions were never voted upon. Does this affect how we can correct the errors?

Yes, that changes things quite a bit. Thank you for the clarification. If the error was indeed simply a clerical error and the error did not occur until the preparation of the copies of the new bylaws, then the copies are in error and should be corrected. What was adopted at the meeting is the actual language of the bylaws.

Edited by Josh Martin

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1 minute ago, Josh Martin said:

Yes, that changes things quite a bit. Thank you for the clarification. If the error was indeed simply a clerical error and the error did not occur until the preparation of the copies of the new bylaws, then the copies are in error and should be corrected. What was adopted at the meeting is the actual language of the bylaws.

I concur. I was in the process of typing a reply when Mr. Martin posted his reply. I have nothing to add to what he said.

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5 minutes ago, Josh Martin said:

Yes, that changes things quite a bit. Thank you for the clarification. If the error was indeed simply a clerical error and the error did not occur until the preparation of the copies of the new bylaws, then the copies are in error and should be corrected. What was adopted at the meeting is the actual language of the bylaws.

I agree.

I was going to add something about that to my original response but thought it would make my response too long and unnecessarily complicated.

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