BOARD OF DIRECTORS
Current Bylaw
Section 2. Term of Office.
a. Each Director representing a District shall be an active member in good standing elected to serve a two-year term, or until a successor is duly elected, except as provided in Article III, Section 9.c.
b. Each Director elected shall take office immediately upon the adjournment of the Annual Meeting.
c. A Director is limited to serving two elected terms.
Proposed Revision
Section 2. Term of Office.
a. Each Director representing a District shall be an active member in good standing elected to serve a two-year term, or until a successor is duly elected, except as provided in Article III, Section 9.c.
b. Each Director elected shall take office immediately upon the adjournment of the Annual Meeting.
c. A Director is limited to serving two consecutive elected terms. If a Director shall be appointed to serve an unexpired term, such unexpired term shall not be considered within this provision.
d. This section shall apply to all Directors who have ever served as members of the Board.
Explanation for Revision
As previously discussed at the 1998 Outgoing Board Meeting, there is no provision on the previously adopted bylaw amendment which states that a director could serve only two terms. The difficulty has been in the interpretation. Since this current bylaw does not state two consecutive terms, which was probably the intent, a director can serve only two terms. Two consecutive terms is what was desired when the bylaw was originally amended to include term limits in September 1994. This clarifies the intent of the Board that this provision applies to all directors who have served on the Board.
ARTICLE III
BOARD OF DIRECTORS
Current Bylaw
Section 7. Ex Officio Members.
The immediate past President of the Division shall serve as non-voting Executive Advisor to the Board and to the Executive Committee. The Chair of the State Bar of Texas Committee on Legal Assistants shall serve as a non-voting ex-officio member of the Board and shall be the liaison between the committee and the Division.
Proposed Revision
Section 7. Ex Officio Members.
A. The immediate past President of the Division shall serve as non-voting Executive Advisor and to the Executive Committee.
B. The Chair of the State Bar of Texas Committee on Legal Assistants shall serve as a non-voting ex officio member of the Board and shall be the liaison between the committee and this Division.
C. The President-Elect shall be a non-voting member of the Board.
Explanation for Revision
There is no Bylaw that specifically sets forth the voting status of the President-Elect. This revision creates a non-voting distinction for the President-Elect. The President-Elect does not represent any specific district within the Division.
ARTICLE III
BOARD OF DIRECTORS
Current Bylaw
Section 8. Board Meetings
b. Special Meetings.
The President may, in his discretion, call a special meeting of the Board at any time, and such meeting shall be called upon the written request of one-third of the Board. However if and when any such meeting is called for any purpose, the President shall notify each Director of the time, place and purpose of such meeting, within a reasonable time prior to such meeting. At any such special meeting of the Board, new matters may be added to the agenda only upon an approval of two-thirds vote of the Board members present and voting.
Proposed Revision
Section 8. Board Meetings
b. Special Meetings.
The President may, in his discretion, call a special meeting of the Board at any time, and or such meeting shall be called upon the written request of one-third of the Board. However if and when any such meeting is called for any purpose, the President shall notify each Director of the time, place and purpose of such meeting, within a reasonable time prior to such meeting. At any such special meeting of the Board, new matters may be added to the agenda only upon an approval of two-thirds vote of the Board members present and voting.
Explanation for Revision
The intent of this revision is to clarify how special meetings are called by either the President or the members of the Board.
ARTICLE III
BOARD OF DIRECTORS
Current Bylaw
Section 8. Board Meetings.
d. Vote by Mail or Telephone.
The President on his own volition, or upon request of one-third of the Board, will conduct a vote either by mail or by telephone under procedures set out in the Standing Rules.
Proposed Revision
Section 8. Board Meetings.
d. Vote by Mail, or Telephone, E-Mail or Facsimile.
The President on his own volition, or upon request of one-third of the Board, will conduct a vote either by mail, or by telephone, e-mail or facsimile, or any combination thereof, under procedures set out in the Standing Rules.
Explanation for Revision
In an effort to utilize more cost-effective means of conducting a vote by the Board, this revision will allow the President to use all methods of communication to effectively facilitate a vote.
ARTICLE III
BOARD OF DIRECTORS
Current Bylaw
Section 8. Board Meetings
f. Parliamentary Procedure.
Except as provided in these Bylaws, all meetings will be conducted in accordance with the most recent edition of ROBERTS RULES OF ORDER NEWLY REVISED.
Proposed Revision
Section 8. Board Meetings
f. Parliamentary Procedure.
Except as provided in these Bylaws and Standing Rules, all meetings will be conducted in accordance with the most recent current edition of ROBERTS RULES OF ORDER NEWLY REVISED.
Explanation for Revision
This proposed revision directs the Board to look to the Standing Rules as well as the Bylaws for proper parliamentary procedure before looking to the current edition of Roberts Rules of Order Newly Revised. Without the addition of the Standing Rules, it requires the Board to only look to the Bylaws and Roberts Rules of Order Newly Revised.
ARTICLE IV
REMOVAL OF DIRECTORS
Current Bylaw
Section 1. Removal for Good Cause
a. Generally
The Board shall have the power to remove Directors, including any Board officer, for good cause. The procedures for such removal shall be those set out in the most recent edition of ROBERTS RULES OF ORDER NEWLY REVISED, except as otherwise provided for herein or in the Standing Rules.
Proposed Revision
Section 1. Removal for Good Cause
a. Generally
The Board shall have the power to remove Directors, including any Board officer, for good cause. The procedures for such removal shall be those set out in the most recent current edition of ROBERTS RULES OF ORDER NEWLY REVISED, except as otherwise provided for herein or in the Standing Rules.
Explanation for Revision
This proposed revision uses the preferred term of current rather than most recent edition when referring to Roberts Rules of Order Newly Revised and is the statement found in the current edition of Roberts Rules.
ARTICLE VI
ANNUAL MEETING
Current Bylaw
Section 3. Procedure.
All procedures at any meeting of the Division shall be governed by the most recent of ROBERTS RULES OF ORDER NEWLY REVISED.
Proposed Revision
Section 3. Procedure.
All procedures at any meeting of the Division shall be governed by the most recent current ROBERTS RULES OF ORDER NEWLY REVISED.
Explanation for Revision
This proposed revision uses the preferred term of current rather than most recent edition when referring to Roberts Rules of Order Newly Revised and is the statement found in the current edition of Roberts Rules.
ARTICLE VII
FINANCES
Current Bylaw
Section 2. Annual Budget.
The President-Elect, with the advice of the Budget and Finance Committee, shall prepare a detailed budget for the ensuing fiscal year, based upon anticipated revenues, and present same to the new Board for approval at their first regular meeting in June.
Proposed Revision
Section 2. Annual Budget.
The President-ElectTreasurer, Executive Director and Executive Committee, with the advice of the Budget and Finance Committee, shall prepare a detailed budget for the ensuing fiscal year, based upon anticipated revenues, and present same to the new Board for approval at their first regular meeting in June.
Explanation for Revision
This is to reflect who actually handles this task.
ARTICLE VII
FINANCES
Current Bylaw
Section 4. Annual Report.
The President and the Treasurer shall prepare an annual report in writing showing all assets and liabilities, including unallocated or unspent funds, plus receipts and expenditures, of the Division for the preceding fiscal year and shall submit same to the Board for review at the regular meeting of the Board immediately prior to the Annual Meeting of the general membership.
Proposed Revision
Section 4. Annual Report.
The President and the Treasurer and Executive Director shall prepare an annual report in writing showing all assets and liabilities, including unallocated or unspent funds, plus receipts and expenditures, of the Division for the preceding fiscal year and shall submit same to the Board for review at the regular meeting of the Board immediately prior to the Annual Meeting of the general membership.
Explanation for Revision
This is to reflect who actually handles this task.
ARTICLE VII
FINANCES
Current Bylaw
Section 5. Expenditures
All expenditures shall be approved by the Board. Interim emergency expenditures, not to exceed $1,000.00 for any one purpose, may be approved by the President and the Treasurer and shall be reported to the Board at the next regular meeting following the expenditure.
Proposed Revision
Section 5. Expenditures
All expenditures shall be approved by the Boardappropriate committee chair, director or officer, so long as such expenditures fall within the Board-approved budget. Interim emergency expenditures, i.e., those expenditures not covered under the Board-approved budget, must be approved by the Board. , not to exceed $1,000.00 for any one purpose, may be approved by the President and the Treasurer and shall be reported to the Board at the next regular meeting following the expenditure.
Explanation for Revision
This is to restate the manner in which expenditures are handled.
ARTICLE IX
ELECTIONS
Current Bylaw
Section 4. Nomination of Candidates for the Office of Director
C. Nominating Petition. The original nominating petition must be signed by at least five percent or 30 of the Registered Voters in the candidates District, whichever is less.
Proposed Revision
Section 4. Nomination of Candidates for the Office of Director
C. Nominating Petition. The number of signatures required on the original nominating petition shall be as follows:
Number of Registered Number of
Voters within Signatures District Required
0 50 5 signatures 51 100 8 signatures 101 150 10 signatures 151 200 12 signatures 201 250 15 signatures 251 300 18 signatures 301+ 20 signaturesExplanation for Revision
This revision assists in dealing with the problems associated with a resulting fraction of a percentage of Registered Voters when using the five percent requirement. In those Districts requiring less than 30 signatures on the Nominating Petition, there have been instances where the five percent resulted in a fraction, creating some confusion and uncertainty for the nominee as well as for the Elections Committee. This revision corrects this problem.
ARTICLE IX
ELECTIONS
Current Bylaw
Section 8. Voting.
A. Election of Directors. Each Director shall be elected by a majority of the votes cast by the Registered Voters. Registered Voters may vote only for those Directors representing the District wherein such Registered Voters work address is shown according to the List of Registered Voters.
Proposed Revision
Section 8. Voting.
A. Election of Directors. Each Director shall be elected by a majority of the votes cast by the Registered Voters. Registered Voters may vote only for those Directors candidates representing the District wherein such Registered Voters work address is shown according to the List of Registered Voters.
Explanation for Revision
This is to reflect that all elections are of candidates not directors, as currently written.
ARTICLE IX
ELECTIONS
Current Bylaw
Section 10. Announcement of Election Results.
B. Manner of Announcement.
2. Notification to the General Membership. The general membership of the Division shall be entitled to timely official notice of election results. The President of the Board of Directors of the Division shall be responsible for transmitting the election results to the Publications Committee Chair for timely publication in the Divisions Newsletter.
Proposed Revision
Section 10. Announcement of Election Results.
B. Manner of Announcement.
2. Notification to the General Membership. The general membership of the Division shall be entitled to timely official notice of election results. The President of the Board of Directors of the Division shall be responsible for transmitting the election results to the Publications Committee Chair for timely publication in the Divisions NewsletterOfficial Publication.
Explanation for Revision
This is to allow publication of election results in the Texas Paralegal Journal.
DEFINITIONS
Current Bylaw
Executive Director: the individual with whom the Division has contracted to perform the duties of the Executive Director.
Proposed Revision
Legal Assistants Division Coordinator: the individual with whom the Division has contracted to perform the duties of the Legal Assistant Division Coordinator.
Explanation for Revision
From time to time, the State Bar, depending on case law decisions, determines that persons in the administration of services through the Bar need to be designated by certain titles. We want to leave the option open; therefore, should the State Bar request that the Division refer to our executive director by another name, we would not need to alter the Bylaws.