Hey, Everyone...I just wanted to let you know how things turned out. The Board decided to abandon the issue of making their two-year term retroacitve. Instead, the general membership was able to vote on whether the NEXT Board would serve a one- or two-year term. The one-year term won by a two to one margin. Technically, the Board did not have to let the membership vote on this so I am very pleased that they made this choice. It seems like a step in the right direction. I really believe that this forum influenced the Board so I thank you for your help!
Jzuds,
I think your board has too much power. The whole organization should vote to approve the bylaw changes as well as for who serves and how long. For these items to be left up to the board (whether doing a good job or not) flies in the face of the democratic process.
Maybe you havent totally gotten what is being said so I will try to make this as clear as possible.
Unless you by laws permit the board to make an ammendment to them (which would be highly unusual) they can not make this change without the consent of the membership. Also, unless the by laws state a process for making these changes, several proceedual items need to take place, I outline below:
1. The ammendment must be posted and notice made for a period (typically) of 30 days prior to the vote being held to approve the change.
2. A second notice must be made within 7 days of the the vote to be made.
** These must be in a public forum where people who may be concerned over this matter can become aware of it. Typically this would be for a private organization a notice sent to the membership.
3. All members must be given the opportunity to vote on the change. This is typically done by following Roberts Rules for presenting the Question.
4. Unless your by laws state otherwise the Question is debatable and a debate must be held. In fact the presiding office must ask if "Any person or group is present to stand in opposition to the question?"
5. The rules on this may only be waived upon the concurance of 2/3rds of those members present and voting and anyone can ask for a ballot vote on the suspension of the rules regardless of what the presiding officer thinks the results of a voice vote is.
Typically with a private organization unless the by laws state otherwise an ammendment takes effect the same day as the membership approves it, to extend their tenure though the question would need to contain that language (an effective date being the date of approval by the membership), otherwise it is assumed to take effect only after their tenure.
Wether it makes sense to do the ammendment or not, the board unless the by laws state otherwise, can not alter them at will. You need to read your existing by laws to see what they say about this matter that is information you have not posted so all of us are shooting in the dark here, but I have assumed above that they do not address this issue.
I appreciate all the input on this matter. An earlier post suggested talking to the President about this. Unfortunately, that isn't a viable option. On several occasions when members have questioned her on procedures, they were accused of "attacking" the board and portrayed as troublemakers. It's actually quite a hostile environment, which is why alot of members have been keeping their distance this year. That's also why this matter of term limits is such a hot-button issue. Another 'poster' suggested
"elections still being held this year to fill the remaining 1 year of the 2 year term". That is a wonderful idea but I don't know if the board will go for it.
As has been stated several times: if the board is doing a good job, there is no reason they would not be re-elected. If they are not doing a satisfactory job, the yearly election is the only opportunity the general membership has to remedy the situation. The way our bylaws are structured gives almost absolute power to the board. That is no fault of the board--it's just the way the bylaws are and have always been. Maybe a benefit of this discussion will be a future review of the bylaws. I'm just hoping for an election in the spring.
