Setting aside part of bylaws (term limit)

[Guest Kathy]

I am sure this was answered in old forum, but I cannot search there. We have a situation where our by-laws have a two term limit. We are a support group for a high school group and because of that we have natural turnover and many checks and balances for finances and an annual audit on our books. As a board we have decided to recommend the term limit be removed from the bylaws.. So the question is - Is it possible to set aside this line of the by-laws for the election of officers so our treasurer can run again (of course- no one else wants to run)-- our by-laws cannot be changed prior to the election meeting as they require a 30 day notice.

One thought I had was not to elect a new treasurer- as there is no opponent and the current treasurer would stay in place as a term is defined as one year or until a successor is duly elected.

Hope this is not too rambling. Thank you for any advice.

[Rob Elsman]

No, unless the bylaw specifically provides for its own suspension. RONR (10th ed.), pp. 254, 255.

[Trina]

This type of bylaw (term limits) cannot be suspended, because it is not in the nature of a rule of order.

Since you say there is no time to change the bylaws prior to the election meeting, I'll point out that changing them right at the election meeting (just a moment before the election is conducted) would be adequate as far as RONR is concerned -- changes in bylaws take effect immediately. If that is still not within your 30-day notice period, then you'll have to figure out another solution (perhaps based on the 'until successor elected' language, as you suggest).

[Robert B Fish]

Agreeing with the others that that provision i nyour bylaws cannot be suspended, you might have some other options.

You could begin the process of amending the bylaws to provide for suspending that section in the bylaws. Consider things like notice, 2/3 vote, only one year, etc.

You could hold the election and, when no one is nominated from the floor, declare the election incomplete. If the bylaws say the officers continue you san stay in office until the bylaws are amended.

-Bob

[Rob Elsman]

Agreeing with the others that that provision i nyour bylaws cannot be suspended, you might have some other options.

You could begin the process of amending the bylaws to provide for suspending that section in the bylaws. Consider things like notice, 2/3 vote, only one year, etc.

You could hold the election and, when no one is nominated from the floor, declare the election incomplete. If the bylaws say the officers continue you san stay in office until the bylaws are amended.

-Bob

I don't agree. If there are no nominations, an election scheduled in the bylaws must proceed by ballot without nominations. Blank slips are used, and voters write in their choice.

[alanh49]

I don't agree. If there are no nominations, an election scheduled in the bylaws must proceed by ballot without nominations. Blank slips are used, and voters write in their choice.

But if the only reason there are no nominations is because no one is willing to serve, except the one person who can't, what good will that do? Everyone will just decline and you'll still have an incomplete election.

[J. J.]

I don't agree. If there are no nominations, an election scheduled in the bylaws must proceed by ballot without nominations. Blank slips are used, and voters write in their choice.

I don't agree either. The election, however, could be postponed, when pending (p. 177).

[Guest Kathy]

Thank you all for all your comments!-- This forum never fails to provide helpful advice.