By Jeffrey Stern
No organization can function effectively without a document that sets forth the objectives, procedures and requirements of the group. When it comes to officials associations, that document is known as the bylaws.
Bylaws are written on paper, not carved into stone. That means they may be — and in some cases, must be — amended from time to time. Here are some “must dos” when it comes to bylaws, presented in the form of commandments.
1. Thou shalt review the bylaws regularly.
A periodic review of the bylaws must be conducted. At the very least, it should be done annually. Don’t assume that just because the bylaws were in order last year, everything is covered. Times and circumstances change. Amendments to bylaws may be necessary as a reaction to an issue that was not previously covered, or to address a point that is no longer relevant.
2. Thou shalt form a review committee.
It can be a standing committee (always in place) or a group that serves for a set period of time. The president of the group should appoint the committee. How many people should be named to serve on the committee can vary, although you want to be sure it’s not so large that meetings become contentious or veer off point, or so small that the views of the group are too narrow.
More important than the number is the composition of the committee. It should include a cross-section of the membership so that all points of view are considered. Ideal candidates would be those with legal or governmental expertise or those who have dealt with issues faced by nonprofit associations.
3. Thou shalt have realistic bylaws.
If bylaws are too strict, you will find yourself conducting a seemingly endless series of due-process hearings. If they are too lax, problems that should be addressed will go unchecked.
For instance, you’d likely not want to enforce a bylaw that mandated expulsion from the association for a member who misses an assignment. Extenuating circumstances such as an accident or a mix-up on the part of the assigner that led to the official going to the wrong site or going on the wrong day should always be considered.
Be sure the language is as precise as possible. Murkiness or inexactitude will lead to varying interpretations. Decisions should be based on the bylaws as written; the bylaws shouldn’t be amended to justify a board edict.
4. Thou shalt be open to amendments.
The bylaw or review committee will work long and hard on its duties. Those members will be justifiably proud of their efforts. But that doesn’t mean the bylaws are perfect.
Since the bylaws affect every member of the association or chapter, every member should have a voice. Since the bylaws are a “living, breathing document,” they are subject to change. While they shouldn’t be changed just for the sake of change, don’t discount the possibility something might be amiss. Be open minded and think of the good of the order rather than the feelings of a committee or the board.
5. Thou shalt consider having an attorney review the document.
If you are lucky enough to have an attorney among your active members, ask him or her to review the bylaws that currently exist and weigh in on any proposed amendments. While an aspect of the bylaws may seem to make perfect sense to the group as a whole, it is possible the passage could be in violation of local, state or federal law.
If you need to go outside the association or chapter, understand there will likely be a fee involved. Make that attorney’s fee part of your annual budget. Remember, too, it may be the wisest investment your group makes.
Jeffrey Stern is Referee’s senior editor.
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