These bylaws may be amended by either of the following methods:

• Majority vote of the members present in the local meeting, if the proposed amendment has been introduced at a previous membership meeting or has been advertised to the membership by the use of the Local newsletter, Bulleting Boards or US Mail, postage prepaid, at least ten (10) days in advance of the meeting; or
• Referendum of the membership.

My question is this...
Our bylaws committee proposed two bylaws changes at a monthly membership meeting. They had not given prior notice, or advertised to the membership that the proposed amendment changes would be introduced at the meeting. They simply proposed the amendment changes to the members present, and proceeded to vote to adopt the changes. The members present voted to adopt the changes, however since the bylaws were not followed, would the changes be legal?

Also, to make matters worse, the changes that were made changed the structure of the officers and executive board. The changes made were both in reference to eliminating two vice-presidents, and establishing an executive vice president office. Elections were then held. Nominations for Executive Vice President were taken, and that office put before the membership for a vote. Now a point of order is going to be raised by a member at the monthly meeting. Based on my knowledge and what I have read, as President, I would have to declare the point well taken, thus officially and for the record nullifying the bylaws change, right? And if the point of order is raised and I do declare the point well taken, am I then obligated to hold the election for the Vice-Presidents, or the EVP over?

Lastly, if the election of the EVP is overturned, due to the bylaws change being made improperly, am I obligated to call for the election of all officers to be done over, or would we simply re-hold the Vice-President part of the election? - Anon., Dec. 15, 1999

A: The amendments were in violation of the bylaws, and are thus null and void. When you find the Point of Order well taken, it will be recorded officially.

The election for EVP is void for two reasons: that there was no such office; and that proper notice wasn't given before the election was held. The two vice-presidents are still in office (unless their term expired at that meeting, in which case you need to take action to fill the vacancies).

The bylaws committee should send out notice of the proposed amendment and of the consequent election of the EVP.