Guest Miramar Posted February 26, 2020 at 02:15 AM Report Share Posted February 26, 2020 at 02:15 AM Question on Waivers: some members in our nonprofit want to waive the by-laws to allow someone to run for the board who does not meet all of the qualifications under the by-laws to run for the board. The by-laws don't have language on a waiver process. However, they do have a process for amending the by-laws (submit a proposed amendment with at least ten member signatories to the president, president disseminates the proposal to membership, membership votes at next meeting, majority vote needed for passage). Can we follow the amendment-process in order to waive the by-laws? Obviously we could just amend the by-laws to allow this person to run, but it seems silly to make an amendment for a one-time change. Quote Link to comment Share on other sites More sharing options...
Greg Goodwiller, PRP Posted February 26, 2020 at 02:24 AM Report Share Posted February 26, 2020 at 02:24 AM Bylaw requirements for holding an office cannot be "waived." Requirements in the bylaws are placed there intentionally." You may, of course, amend you bylaws appropriately to allow for your candidate to meet the bylaw requirements. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted February 26, 2020 at 02:58 AM Report Share Posted February 26, 2020 at 02:58 AM I agree but want to emphasize that the amendment is then a part of the bylaws. It is not a one-off or temporary in any way. If you subsequently want to change it back, you'll have to go through the amendment procedure again. Quote Link to comment Share on other sites More sharing options...
Weldon Merritt Posted February 26, 2020 at 05:10 AM Report Share Posted February 26, 2020 at 05:10 AM Agreeing with my colleagues, I will just add that you could amend the bylaws either to eliminate whatever makes this person ineligible, or to inlcude some sort of waiver process (pershaps requiring something more than a majority vote). But either way, as Dr. Kapur said, the change will remain part of the bylaws until you amend them again to change them back. Quote Link to comment Share on other sites More sharing options...
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