B
boeinguy
Guest
A recent discussion by the Board of my church has raised two questions. The church is located in the State of Washington. The issue involved is that our bylaws require that elders be elected and that they serve as heads of boards. The minimum required number then is 6. We elected only 4 at the last meeting. Now the board is attempting to resolve the problem. None of those elected are willing to serve on more than one board. The two issues are: How binding are the bylaws in this circumstance? What is the best course of action? The process in the bylaws allows the board to appoint people to fill vacancies, but no one is willing to serve. During the discussions, several voiced the opinion that the bylaws were not binding but were merely guidelines. One proposed solution was to chuck the requirements of the bylaws and appoint individuals who do not meet the requirements for elder to head the boards and act as non-voting members of the board. This was proposed as a permanent solution to the problem, not just a fix till we could either change the bylaw requirements or find a way to meet them. 1) Are the bylaws binding in the state of washington? 2) How do courts here view them? One sourc I have read indicated that bylaws are frequently viewed as a contract between the members and the organization. Is that the cas in this state? 3) What if we cannot meet them? Can the board (which is not directly given the power to do so) seek an alternative solution that falls outside the bylaws? In other words can we be flexible to meet the situation, or do we have to amend the bylaws first?