Motion to returned to by-laws adopted 9/5/12

Paula RB

New Member
After our long-time beloved pastor died in April 2011, the Church adopted new By-laws effective 9/5/2012. Those Bi-Laws stated:

These By-Laws may be amended, altered or repealed in whole or in part when three-fourths of the members present at a regular business meeting shall vote favorable on such action. Any change that is requested must be presented to the church in writing giving full details of the section and the change that is desired to be made. However, before such action shall be taken the members shall be notified both from the pulpit and through publication in the Church Bulletin. Final action shall be taken thirty days following first reading of the change or at the following regular business meeting.

At the end of church services on January 19, 2020 the new pastor requested that all church members remain for important church business and that all non-members take that opportunity to excuse themselves. He then announced that since he had been unable to bring to a conclusion a revision of the church By-Laws during a regular church business meeting, he was taking the opportunity to have those members present vote on an amendment.

I was in attendance at church each Sunday in January prior to January 19, 2020. There was no notification from the pulpit or in the church bulletin regarding an amendment or vote on By-Laws

When I questioned that we did not appear to be following the By-Laws, I was informed the September 5, 2012 By-Laws has been set aside. A fellow church member stood to caution the church to adhere to the By-Laws and was effectively shut down.

It was stated there was a majority in the affirmative and the church was dismissed. The following Sunday, August 9, 2020, new revised By-Laws were made available.

How do I write a motion to return to the Bi-laws adopted September 5, 2012?
 
Preparing such a motion is beyond the scope of this forum. Having said that - you can probably review prior motions that have been brought forth and use them as a template.
 
A "church" is not a legal entity. Unless your church is organized as a corporation or LLC, its internal governance is not likely a legal matter since it would be nothing other than an informal collective of private individuals.

Is your church organized as a corporation or LLC? If so, in what state is is incorporated/organized (and, if different, in what state is it located)?

Also, it should go without saying that no one who has not read the by-laws and other governing documents can give you any sort of useful feedback about this.
 
After our long-time beloved pastor died in April 2011, the Church adopted new By-laws effective 9/5/2012. Those Bi-Laws stated:

These By-Laws may be amended, altered or repealed in whole or in part when three-fourths of the members present at a regular business meeting shall vote favorable on such action. Any change that is requested must be presented to the church in writing giving full details of the section and the change that is desired to be made. However, before such action shall be taken the members shall be notified both from the pulpit and through publication in the Church Bulletin. Final action shall be taken thirty days following first reading of the change or at the following regular business meeting.

At the end of church services on January 19, 2020 the new pastor requested that all church members remain for important church business and that all non-members take that opportunity to excuse themselves. He then announced that since he had been unable to bring to a conclusion a revision of the church By-Laws during a regular church business meeting, he was taking the opportunity to have those members present vote on an amendment.

I was in attendance at church each Sunday in January prior to January 19, 2020. There was no notification from the pulpit or in the church bulletin regarding an amendment or vote on By-Laws

When I questioned that we did not appear to be following the By-Laws, I was informed the September 5, 2012 By-Laws has been set aside. A fellow church member stood to caution the church to adhere to the By-Laws and was effectively shut down.

It was stated there was a majority in the affirmative and the church was dismissed. The following Sunday, August 9, 2020, new revised By-Laws were made available.

How do I write a motion to return to the Bi-laws adopted September 5, 2012?

What state?
 
How do I write a motion to return to the Bi-laws adopted September 5, 2012?


You may not need to write a motion to do anything.

I suggest you discuss the matter with like minded church members to see if the "current" by-laws are enforceable.

The way you describe things will ultimately be determined what the "old" by-laws dictated, as well as any other regulatory documents your church used, in addition to whatever your controlling denomination (if any) dictates and provides.

From the way you describe these events, it seems to me that whatever was done was enacted improperly. What you need to discover is how it should should have been correctly, that way you'll know how to undo or correct it.

The following Sunday, August 9, 2020, new revised By-Laws were made available.

Sunday, 09 August 2020 won't arrive for about five months.

Did you mistakenly use 2020, rather than 2019?

Perhaps you meant to type January, February, or March of 2020?
 
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