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How to resolve conflict with bylaws and standing rules


Guest kansasmom

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I am the president of a middle school PTA. Our bylaws are established by the state and we are not permitted to change them. They state our nominating committee must be at least three people and an odd number. Our standing rules state we will attempt to obtain a nominating committee member from each feeder school. We have eight schools and this year each school has a person willing to serve on our nominating committee.

Last night we voted to approve the eight members on the nominating committee. Today, someone pointed out that the bylaws state we should have an odd number.

We feel strongly that each school has the right to have a representative on the committee, and no school should have two votes. Is it permissible for the board to vote to suspend that particular section of the bylaws in this one instance? Next year, one of the schools is closing, so then we will have an odd number of schools.

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Is it permissible for the board to vote to suspend that particular section of the bylaws in this one instance?

It's very unlikely that your board has the authority to suspend anything in the bylaws. Whether the association can do so is another question.

I would contact your state organization. It seems odd that they would insist on something as meaningless as having an odd number of members on a committee. After all, a member might be absent (or simply abstain) and then you'd be back with an even number (of votes). It also seems odd that they would prohibit the equal representation that you seek.

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However, if you determine that this section of the bylaws are binding, then they are, well, binding. Failing to comply with the requirements of your bylaws will make the appointment of a nominating committee null and void. [page 244, l. 10]

For a creative way to solve the problem, you could add a past president of your organization to the nominating committee. Yes, that will give one school and extra vote but the committee will be legal.

If you REALLY feel that strongly about a rule that's apparently been around for a long time, you could appoint one member per school and make the 9th member someone whom you can count on to miss all the meetings, such as a member who now lives a long way from your town.

<g>

-Bob

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I bleieve the odd number requirement comes from the mistaken idea that a group cannot have a tie vote, thus having an odd number of members is supposed to prevent this. Of course this is not the case, but I would suggest going with Robert's suggestion of appointing the Past President to make an odd number of members.

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