I don't understand how any one individual can legally (and arbitrarily) set aside an organizations by-laws without the consent (i.e., vote) of the organization members. So, I am not sure on what grounds the Pastor thinks he can do that.
IMHO you need to do more research. How does your group relate to the Church? Are you a separate entity (own EIN, bank account, et.al.) or are you operating as an "arm" or committee of the Church.
If you are a separate entity then what do the by-laws say regarding amdendments or set-asides? I doubt they specifically say the Pastor can decide to make them null and void.
If you are operating as part of the Church you need to see what the Church's organizational documents say and what authority the Pastor has over the subcommittees - he may actually have the authority to do what he says in which case you are plain out of luck.
I am curious. Typically bylaws have to be updated or amended, But is their available to you any imformation that would lead you in the area of commitee appointments. I am a member of a church in which the Pastor remarked that he set aside the bylaws once he became Pastor. I remarked that unless I see proof of the consensus, the bylaws as written were still in effect. Maybe you can find something that would not give complete atonomy to one person on such an important matter.
While there are many committees that can be dragged down by having too many hands in the pie (or just one person that can't work with others), I can think of no committee more important than a bylaws/charter committee to have a wide variety of opinions to discuss.
While I don't think our bylaws had anything particularly questionable, if we did, I think we would have brought it to the attention of the main body of the PTO for discussion before deciding on a final version.
Also, a number of intrim proposed versions should be made along the way for comment by all PTO members. Of course, the committee can choose to ignore comments, but that's a poor committee. But that would be the ideal time to criticize aspects of what was done and suggest better alternatives, ideally, in a non-confrontational way. Obviously, if others support your views on general or specific issues, it is better if they are heard as supporting your inquiry into the issues.
If the President doesn't take in your comments, then you should discuss publically if not now, when? After they are finalized? It wasn't as if you didn't offer your input to the committee. If you just come in after the fact to complain, that would be different. But you offered to be on the committee and were refused.
If many others feel that all or part of the charter/bylaws is bad, you could force a rejection of the charter at it's final vote. But typically, people just give a thumbs up without much consideration of the details, so at the end is the wrong time to bring up issues.
I really feel sorry when interested people are not included. But the choice then is to either change the board (and that means getting support of votes) or the alternative of gumming up the works (which is seldom productive and leaves everyone taking sides and bitter)
I'm just personally really glad Phil and I are in a PTO working for the common good! There may not be a tremendous number of volunteers, but at least everyone is there for the school's benefit, not theirs!
That is what I was thinking when I first read the post - let whoever is chair of the committee know that you were interested in working on the by-law committee. Explain that this is an issue near-and-dear to your heart and that you have done some research on it and offer your help. If the Chairperson is good you will be welcomed with open arms.
Far as we operate, whoever wants to work on a committee is more than welcome. We are usually struggling to find committee members - I can't imagine we would ever turn them away.
Having been the Chairman of the Charter Committee, I know from experience that it is especially important for the largest participation in the process as possible. The more people involved, the more viewpoints and special circumstances will be discussed, which will often lead to a better tailored document for the organization. Again, I am just stymied why any PTO pres. would cut out volunteers for this sort of thing.
One other thing I would suggest - try to work by consensus rather than voting. It takes more time (and is often more frustrating) but the discussions over wording really keep the committee feeling their input is values (meaning by-in to the end product) and makes the final version better. Once you get one or two 4-3 votes some people are going to start feeling marginalized and become hostile. That is not conducive to generating7 a workable document.
Absolutely the by-laws need to be read to, discussed and voted on by the organization as a whole. If that is not the plan, in my view whatever comes out of this committee is not valid or binding (but that is my humble opinion - not a legal statement).
Why does the current Pres. feel so hostile toward you? Is there anyway you can "clear the air"?
Honestly, I am completely, unsure if she will present them to the general PTO to be presented to and passed. I agree, that, that is how it should be done. But going on her history, it could go any direction on that one. I was under the impression ,also, that she should not hand pick the commitee. Do you think thee would be anything wrong with asking just to sit in and observe the meetings of the by laws making without putting in our 2 cents? Thanks Again!!!!!
