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Board Members Proposing Bylaw Amendments


Mark Apodaca, PRP

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According to an Article Amendments, it is read as follows:

These bylaws may be amended by a two-thirds (2/3) vote of the Council of Representatives present and voting at the biennial national conference, provided that amendments are submitted to the Law Committee sixty (60) days prior to the conference, that copies are sent to conference delegates thirty (30) days prior to the conference, and that amendments are read during the conference and acted upon immediately thereafter. Amendments may be enacted only by the Council of Representatives.

The 60 days prior to the conference has pass.  The conference is on October 1st.

The President sent me a video message and asked if the Board of Directors can submit bylaw amendments even though the 60 days have pass.  The bylaws say nothing about the board (nice try).

(1) When a proposed amendment is made prior to the 60-days, it comes from a member of the association.  A Board of Directors is not a member of the association.  

(2) If a Board Member wishes to propose an amendment, he or she would do it as a member of the association.

(3) The bylaws do not say specifically  who can or can't propose amendments but I have seen some proposals use names of nonprofit associations who are proposing the amendments. I believe that only individual members of the organization are allowed to propose amendments.

(4) The Council of Representatives includes delegates from states, nonprofit organizations or associations as affiliates.  Delegates can make proposed amendments as members of the association.

Regardless, the 60-day period has passed and no further proposed amendments will be taken.  Does not matter who submits them.

Your thoughts/comments please

 

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21 minutes ago, Mark Apodaca said:

(1) When a proposed amendment is made prior to the 60-days, it comes from a member of the association.  A Board of Directors is not a member of the association.  

Yes, but presumably the individual members of the board are members of the association. So I don't really see a problem here.

21 minutes ago, Mark Apodaca said:

(2) If a Board Member wishes to propose an amendment, he or she would do it as a member of the association.

(3) The bylaws do not say specifically  who can or can't propose amendments but I have seen some proposals use names of nonprofit associations who are proposing the amendments. I believe that only individual members of the organization are allowed to propose amendments.

(4) The Council of Representatives includes delegates from states, nonprofit organizations or associations as affiliates.  Delegates can make proposed amendments as members of the association.

To me, the only important question is whether the amendment can be submitted. In my view, who is technically considered to be the proposer(s) of the amendment is a pointless argument. Say it's the board, or list the individual members of the board, or whatever. It doesn't matter.

21 minutes ago, Mark Apodaca said:

Regardless, the 60-day period has passed and no further proposed amendments will be taken.  Does not matter who submits them.

Agreed.

Edited by Josh Martin
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A bylaw violation occurred when the bylaw committee decline to bring forward bylaw proposals submitted by a member who met the requirements and deadline. The member met and discussed the proposal with them and believed everything were fine.The member only found out at the adjournment of the meeting when the President passed out the packet to review for the next month meeting and none of their proposals were included.
 

These same members on the bylaw committee fought last year to have their bylaws forwarded as required. But they refuse to move this member’s proposals.   What recourse is there?

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27 minutes ago, Guest Lisa V said:

A bylaw violation occurred when the bylaw committee decline to bring forward bylaw proposals submitted by a member who met the requirements and deadline. The member met and discussed the proposal with them and believed everything were fine.The member only found out at the adjournment of the meeting when the President passed out the packet to review for the next month meeting and none of their proposals were included.
 

These same members on the bylaw committee fought last year to have their bylaws forwarded as required. But they refuse to move this member’s proposals.   What recourse is there?

Please post your question as a new topic. When you do, it would be helpful to know what your bylaws say regarding their amendment.

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