Bylaws Committee

[coleche]

Our organization is in the process of amending our bylaws.  Our Bylaws chair has asked the bylaws committee members to go through the bylaws and make amendments. 

Should the committee do this or wait for amendments to come from chapters?

 Only chapters can submit amendments to the bylaws.  In the past members as well as chapters could make amendments.  I think asking chapters to submit takes away members' rights, especially members at large that do not belong to a chapter.

Does Roberts speak to this? Please advise.

Thank you

Coleche

 

 

 

 

 

[Josh Martin]

On 4/27/2023 at 9:17 AM, coleche said:

Our organization is in the process of amending our bylaws.  Our Bylaws chair has asked the bylaws committee members to go through the bylaws and make amendments. 

Should the committee do this or wait for amendments to come from chapters?

 Only chapters can submit amendments to the bylaws.  In the past members as well as chapters could make amendments.  I think asking chapters to submit takes away members' rights, especially members at large that do not belong to a chapter.

What do your bylaws say on the subject of amending the bylaws?

[puzzling]

I don't see anything wrong with the committee asking the members in general to help them with their work (so suggesting bylaw,changes to the committee,  not to the general meeting) and if the committee agrees with the suggestion it can add it to their suggestions.

Chapters seem to have an individual right to propose bylaw amendments (to the general meeting)

Bit puzzling if the organisation can even appoint a  bylaws committee if only chapters can make bylaw amendments.

But let's wait tillwe have seen the bylaws before going into this

 

[Josh Martin]

On 4/27/2023 at 9:50 AM, puzzling said:

Bit puzzling if the organisation can even appoint a  bylaws committee if only chapters can make bylaw amendments.

I'm not sure quite how literally we should take "only chapters can make bylaw amendments" until we've seen the bylaws language, but even in the event the bylaws do not permit the Bylaws Committee to propose amendments, such a committee could still exist for the purpose of, for example, reviewing and making recommendations on amendments submitted by chapters.

Edited April 27, 2023 at 02:55 PM by Josh Martin

[Richard Brown]

On 4/27/2023 at 9:54 AM, Josh Martin said:

I'm not sure quite how literally we should take "only chapters can make bylaw amendments" until we've seen the bylaws language, but even in the event the bylaws do not permit the Bylaws Committee to propose amendments, such a committee could still exist for the purpose of, for example, reviewing and making recommendations on amendments submitted by chapters.

I agree.

On 4/27/2023 at 9:50 AM, puzzling said:

Bit puzzling if the organisation can even appoint a  bylaws committee if only chapters can make bylaw amendments.

It appears from the original post that there already is a bylaws committee.

However, I do agree with your suggestion/comment that we can be more helpful if we know exactly what the bylaws say about the amendment process and the role of the bylaws committee.

 

 

Edited April 27, 2023 at 04:57 PM by Richard Brown
Added last paragraph

[coleche]

 

This is Bylaws Language

Amendments

Any proposed amendment to these bylaws shall be compatible with the Articles of Incorporation of the National Coalition of 100 Black Women and shall be circulated to all chapters at least sixty (60) days before the Biennial Conference.  Amendment(s) shall require a two-thirds (2/3) vote of the delegates present and voting at the Biennial Conference.

 

The Bylaws Committee

The Bylaws Committee shall be responsible for soliciting, receiving, evaluating, and presenting to the Biennial Conference proposals from the chapters, the National Board of Directors, and the Bylaws Committee for amendments to the bylaws. Proposed amendments shall be circulated to the membership by the national office or National Secretary pursuant to Article XIV—Amendments.  The committee shall work to assure that chapters’ bylaws are compatible with the national bylaws and shall review and approve the bylaws of new chapters to assure that they are in conformity with the national bylaws.  The committee shall stimulate interest, educate members, and encourage all members to become familiar with the national bylaws.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Dan Honemann]

On 4/27/2023 at 1:22 PM, coleche said:

 

This is Bylaws Language

 

Amendments

Any proposed amendment to these bylaws shall be compatible with the Articles of Incorporation of the National Coalition of 100 Black Women and shall be circulated to all chapters at least sixty (60) days before the Biennial Conference.  Amendment(s) shall require a two-thirds (2/3) vote of the delegates present and voting at the Biennial Conference.

 

The Bylaws Committee

 

The Bylaws Committee shall be responsible for soliciting, receiving, evaluating, and presenting to the Biennial Conference proposals from the chapters, the National Board of Directors, and the Bylaws Committee for amendments to the bylaws. Proposed amendments shall be circulated to the membership by the national office or National Secretary pursuant to Article XIV—Amendments.  The committee shall work to assure that chapters’ bylaws are compatible with the national bylaws and shall review and approve the bylaws of new chapters to assure that they are in conformity with the national bylaws.  The committee shall stimulate interest, educate members, and encourage all members to become familiar with the national bylaws.

 

 

 

 

 

 

 

 

 

 

 

It seems clear from this that the committee can itself propose amendments.

 

 

 

[coleche]

 

Even if the bylaws say the Bylaws committee can make amendments Is this proper for a bylaws committee to do.  I want to amend to say that it should not be their responsibility if they are overstepping

Thanks.

[Josh Martin]

Thank you for providing the language from the bylaws concerning their amendment and concerning the duties of the Bylaws Committee. Based on these additional facts, the answers to your questions are as follows:

On 4/27/2023 at 9:17 AM, coleche said:

Should the committee do this or wait for amendments to come from chapters?

Your bylaws provide that "The Bylaws Committee shall be responsible for soliciting, receiving, evaluating, and presenting to the Biennial Conference proposals from the chapters, the National Board of Directors, and the Bylaws Committee for amendments to the bylaws."

Therefore, it seems clear that amendments can be originated by the "chapters, the National Board of Directors, and the Bylaws Committee." Whether the Bylaws Committee wishes to propose its own amendments and whether, if so, it wishes to start on this now or wait for amendments to come from the chapters is at the discretion of the Bylaws Committee.

On 4/27/2023 at 9:17 AM, coleche said:

 Only chapters can submit amendments to the bylaws.  In the past members as well as chapters could make amendments.  I think asking chapters to submit takes away members' rights, especially members at large that do not belong to a chapter.

The organization is ultimately free to adopt such rules on this matter as it wishes. The organization is free to adopt amendments on this matter if it wishes to do so.

On 4/27/2023 at 9:17 AM, coleche said:

Does Roberts speak to this?

Robert's Rules of Order says that an organization should adopt its own rules governing amendment of the bylaws which are suitable for the organization. This is something that will naturally vary from society to society. In a small local club, it may well be appropriate to permit even a single member to submit a bylaw amendment. In large national organizations, often something more is required.

On 4/27/2023 at 3:37 PM, coleche said:

Even if the bylaws say the Bylaws committee can make amendments Is this proper for a bylaws committee to do.

It is proper for the Bylaws Committee to make amendments because your bylaws say that the committee can make amendments. It is up to each society to determine the rules governing the bylaw amendment process which are suitable to its needs.

Without expressing any view on the merits of the proper system for your organization, I would note that it is very common for organizations to authorize the Bylaws Committee to propose amendments, and often it is the expectation that the committee will do so.

On 4/27/2023 at 3:37 PM, coleche said:

I want to amend to say that it should not be their responsibility if they are overstepping

You are free to propose what amendments you wish on this subject (provided you can obtain the support of a chapter, the National Board of Directors, or the Bylaws Committee to submit such an amendment). I do not personally think it is "overstepping" for a Bylaws Committee to propose amendments, particularly when the bylaws explicitly grant such authority. But as I have previously noted, these are ultimately decisions for the society to make for itself.

[Richard Brown]

On 4/27/2023 at 3:37 PM, coleche said:

Even if the bylaws say the Bylaws committee can make amendments Is this proper for a bylaws committee to do

Yes 

On 4/27/2023 at 3:37 PM, coleche said:

 I want to amend to say that it should not be their responsibility if they are overstepping

Agreeing with Mr. Martin, I do not at all view this as overstepping their role, ESPECIALLY if the bylaws give the committee this authority. If the bylaws say the committee can do it, it is not overstepping. It is quite common for bylaws committees to have this authority.  
 

You may, of course, try to get a chapter or one of the other bodies qualified to do so to propose such a bylaw amendment on your behalf. I do not read the bylaws as permitting individual members to propose amendments. 

[puzzling]

I do see that there is a bit a democratic deficit for members at large (members not belonging to any chapter) 

How serious this is and if and how to remove it is up to the organisation. 

Why are some members not member of a chapter?

Are these passive members (more supporters than active members) 

Can you organise some special interest chapters ( instead of local or vv) where they can get their voice/ delegate.

Lots to think about