I agree with the feedback above. To me it means that the President and new board need to review the bylaws and consider any changes needeed, (which is a good practice). They don't have the power to MAKE changes, but they can recommend them.)

Changes would then be presented at a general meeting requiring 2/3 vote of those present. I think "general" meeting is implied, but it would probably be better if it were spelled out.

oops. I may have spoken too soon.

<blockquote>quote:</font><hr> may be amended at any meeting of the organization <hr></blockquote>

Maybe the wording does need a little tweaking. ANY meeting could be the problem. That should really read "annual" meeting or "general" meeting. It should really be presented to the membership for vote. I misunderstood and thought thats what you had meant.

This actually could be a little vague. If the pres does propose this at your board meeting, she would still have to post the proposed changes for 30 days. Whether you vote at the next board meeting or even at a general meeting she still needs a 2/3 majority.

<blockquote>quote:</font><hr> Question: Have we been unfair to her. Bylaws vs fairness? which takes precedence? can both exist?
<hr></blockquote>

Following the bylaws keeps the fairness in the situation. Thats why you have them, so it is fair for everyone.

NAMATE [img]smile.gif[/img]

Thanks. I agree. I just want to make sure that there is no way for her to manipulate the interpretation. I want to be sure that my/our (the rest of the board's) interpretation is also correct. Thus, far the vote is 6 to 1. Of course, she is the one.

Situations that have arisen this year, lets us know that our bylaws do need updating. But I truly believe that the next board should oversee that project.

But she wants to have a meeting to discuss changing bylaws before our annual meeting on April 22nd.

She wants to change particulars items pertaining to officers. She will not tell us what is that she wants to change. We figure it is that she has to be elected into a 2nd term, rather that automatically serving two years.

Going by the bylaws, it says that the suggested amendment has to be submitted 30 days prior. How are we supppose to agree to meet, if she won't tell us what we are meeting about. All she will say is "its about the bylaws."

So we voted against meeting at all.

Question: Have we been unfair to her. Bylaws vs fairness? which takes precedence? can both exist?

I don't see a contradiction with the wording. I believe that the first part is just a guideline that SHOULD be followed by an incoming board. It is a good idea for the new board to go over the by-laws and make sure that something does not need to be amended and if so, amend it according to section XI. You may find in the middle of the year that something may need to be changed that you hadn't considered in May, and you can review again and amend as needed. It is actually well worded-and I might say typical of most by-laws.

<blockquote>quote:</font><hr>Our President has discovered that the bylaws will not allow her back in for a second term, so she wants to amend them. Need help urgently <hr></blockquote>

Remember, your own by-laws state that there must be a 2/3 majority vote to amend any by-law. The pres can ask for any amendment she wants to, it doesn't automatically mean that it will pass.

NAMASTE

"In May, following election, the incoming President shall call an Executive Board meeting. At this time, the bylaws and standing rules of the organization shall be reviewed."

Article XI: Amendments, Section 1 states: "These bylaws may be amended at any meeting of the organization by a two-thirds (2/3) vote of the members present and voting, provided that 30 days notice of the proposed amendment shall have been given."

The statements listed above are from our bylaws. Aren't they contradictory of each other in that one article stipulates when bylaws are reviewed and amended. The other Article stipulates that bylaws can be amended at any time. Does anyone have a better wording that addresses this. Please email (This email address is being protected from spambots. You need JavaScript enabled to view it.) or fax 205-975-8879.

Our President has discovered that the bylaws will not allow her back in for a second term, so she wants to amend them. Need help urgently. [img]tongue.gif[/img]