Amendments

[Trish]

My question is on Bylaws Amendments.  We are currently reviewing our entire  bylaws.  Due to the length of the bylaws, the committee would like to present and vote during a few months of general meetings.  The question is:  when a section of the bylaws and the amendments are approved, does the amendment(s) take affect at the time of the vote; OR can it be designated to be effective at the beginning of the new year?  

 

Thank you for your time to answer my question.

 

Trish

[Shmuel Gerber]

On 2/24/2023 at 2:24 PM, Trish said:

My question is on Bylaws Amendments.  We are currently reviewing our entire  bylaws.  Due to the length of the bylaws, the committee would like to present and vote during a few months of general meetings.  The question is:  when a section of the bylaws and the amendments are approved, does the amendment(s) take affect at the time of the vote; OR can it be designated to be effective at the beginning of the new year?  

 

Thank you for your time to answer my question.

 

Trish

57:15    "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. 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. … If the mechanics of transition to operation under a revised set of bylaws will be complicated in ways for which the act of adoption must provide temporarily, such provisions can be numbered and attached to the revision draft on a separate sheet headed “Provisos Relating to Transition.” The motion to adopt the revision can then be made in this form: “I move the adoption of the revised bylaws with the provisos attached thereto.”"

[Shmuel Gerber]

On 2/24/2023 at 2:40 PM, Shmuel Gerber said:

when a section of the bylaws and the amendments are approved

You can't approve one section of the bylaws. The bylaws as a whole remain in effect at all times, and any amendments go into effect either when they are adopted (if adopted without a proviso as to when the changes go into effect) or when specified by a properly adopted proviso (if any).

[Richard Brown]

Post deleted.... I did not realize Mr. Gerber had already answered the question.

Edited February 24, 2023 at 08:54 PM by Richard Brown
I deleted the post because I did not realize Mr. Gerber had already answered the question.

[Trish]

Shmuel Gerber, thank you for your answers.  Makes sense.  

[puzzling]

Could you not do it via an bylaws revision and after each chapter refer the proposal back to the bylaws comittee?

[Gary Novosielski]

On 2/27/2023 at 2:36 PM, puzzling said:

Could you not do it via an bylaws revision and after each chapter refer the proposal back to the bylaws comittee?

With what instructions, if any?

I think if it is desired to save final approval for some future time, a revision could be proposed, as many articles as practical could be considered and perfected seriatim, and the question simply postponed to the next meeting, where it could be taken up from that point forward.  When, after several meetings, all the paragraphs had been considered, the final adoption vote for the entire revision would activate it all at once.

Edited February 28, 2023 at 08:24 PM by Gary Novosielski