Proposed Bylaws Changes
Tuesday, October 03, 2017
Written By: WCREALTORS

The Williamson County Board of Directors has approved the following bylaw changes and now requests approval from you, the membership that the following changes be made to the current 2017 bylaws: There are a total of 5 changes/revisions/and clarifications. 

Pursuant to Article XVI - Amendments

  • Section 1. These Bylaws may be amended by a majority vote of the members present or by the majority vote via e-mail sent to members qualified to vote at any meeting. The substance of such proposed amendment or amendments shall be plainly stated in the call for the meeting or e-mail. 
  • Section 2. Notice of all meetings at which amendments are to be considered shall be emailed to every member eligible to vote at least ten (10) calendar days prior to the meeting.

The proposed changes affect the following areas: 

  • Article XI - Section 3 
  • Article XI - Section 4
  • Article XI - Section 6
  • Creation of Article XI - Section (d)
  • Article XIII - Committees

 


Article XI – Section 3
Current Wording: 

(a) A Nominating Committee Chairperson shall be appointed by the President with the approval of the Board of Directors. 

(b)  No later than August 1st of each year, a Nominating Committee consisting of the most recent Past President capable of serving, two (2) Board members who are not eligible for nomination and six (6) REALTOR Members, who are not currently serving on the Board, will be selected by the Nominating Committee Chairperson and approved by the Board of Directors. The Nominating Committee may not conduct business in the absence of a majority of committee members present.


Proposed New Wording:

(a) The Nominating Committee consists of the Chairperson; two (2) Board members who are not eligible for nomination; and six (6) REALTOR members who are not currently serving on the Board.  The current President shall appoint a past president not currently serving in this role as the Chairperson.  The Chairperson and committee members are subject to approval by the Board of Directors.
 
(b) The Nominating Committee may not conduct business without a simple majority being present and remaining in attendance until the process of reviewing and interviewing candidates has concluded. 


Reason:

Current language was vague in regards to who was to be the chairperson of the committee and also stressing the need of members of the committee to be present for the whole interviewing process. 

 


Current Wording:  

(d) Nominations for a Director position shall be limited to REALTOR members in good standing who shall have been members of the Association for at least twenty-four (24) months prior to taking office, have submitted a professional biography and agreed in writing to the responsibilities of the position. 


Proposed New Wording: 

(d) Nominations for a Director position shall be limited to REALTOR members in good standing who shall have been members of the Association for at least thirty-six (36) months prior to taking office, successfully completed board orientation , have submitted a professional biography and agreed in writing to the responsibilities of the position. 


Reason: 

BOD and Bylaws committee felt that two years is not enough time as a member to be able to provide real estate knowledge, input on current political affairs, served/chair a committee and become extremely familiar with the association so as to be able to provide sound input into board affairs/decisions.  Also, felt it was important to attend BOD training so as to be prepared to serve and learn how the BOD works together.


Article XI – Section 4


Current Wording: 

The governing body of the Association shall be the Board of Directors consisting of eight (8) REALTOR Members elected by the Active REALTOR Membership, the current Officers and the retiring President, and a non-voting affiliate member appointed by the President. They are elected to conduct the business of the Association.  The elected Directors shall serve for terms of three (3) years.  The three (3)-year term, whether an Officer or Director, shall run concurrently.  It is further understood that should the retiring President be re‑elected to serve in the capacity of President, that the Board of Directors shall appoint a REALTOR Member to serve the one (1)-year term normally occupied by the retiring President.  As many Directors shall be elected each year as are required to fill vacancies. No Director shall serve for more than two (2) consecutive three (3)-year terms.

 
 Proposed New Wording: 

The governing body of the Association shall be the Board of Directors consisting of eight (8) REALTOR Members elected by the active REALTOR Membership and four (4) officers consisting of the President, Treasurer, Secretary and Past President.  These individuals are elected or appointed to conduct the business of the Association.  The elected Directors shall serve for terms of three (3) years.  The three (3)-year term, whether an Officer or Director, shall run concurrently.  It is further understood that should the retiring President be re‑elected to serve in the capacity of President, that the Board of Directors shall appoint a REALTOR Member to serve the one (1)-year term normally occupied by the retiring President.  As many Directors shall be elected each year as are required to fill vacancies. No Director shall serve for more than two (2) consecutive three (3)-year terms.  Eligibility to run for subsequent terms will require at least three years to pass while not holding a position on the Board of Directors. 



Reason: 

This change is being made to provide clarity to who actually is on the Board of Directors and to also remove the requirement for an affiliate member appointed by the President.  Not a need to have an affiliate from one industry attend a years’ worth of board meeting.  This will allow the board to invite in affiliates as needed.  A language change was also made to clarify when a member who’s previously been on the board for (6) years may be eligible to run again. 

 


Article XI Section 6


Current Wording: 

Vacancies among the Officers and the Board of Directors shall be filled by a simple majority vote of the Board of Directors until the next annual election.


Proposed New Wording: 

Vacancies among the Officers and the Board of Directors shall be filled by an appointment made by the President and approved by a simple majority vote of the Board of Directors.  That term will run until the next annual election.

  
Reason:

Language was also added here to clear up confusion over how a vacancy on the board is to be filled.

 


Article XI

Addition of a new section: 

(d) Any Officer or Director of the Association may be expelled by a supermajority (two-thirds of voting members) vote of the Board of Directors for harassment of an Association Employee, Officer or Director if after an investigation it is concluded the offending party violated the Association’s Harassment Policy in Article VI, Section 13:

 

[Section 13.  Harassment.  Any member of the association may be reprimanded, placed on probation, suspended or expelled for harassment of an association or MLS employee or Association Officer or Director after an investigation in accordance with the procedures of the association. As used in this Section, harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats to do the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment. The decision of the appropriate disciplinary action to be taken shall be made by the investigatory team comprised of the President, and Vice-President/President-Elect and one (1) member of the Board of Directors selected by the highest ranking officer not named in the complaint, upon consultation with legal counsel for the association. Disciplinary action may include any sanction authorized in the association’s Code of Ethics and Arbitration Manual. If the complaint names the President or Vice-President/President-Elect, they may not participate in the proceedings and shall be replaced by the Immediate Past President or, alternatively, by another member of the Board of Directors selected by the highest ranking officer not named in the complaint.]

 

An Investigation Hearing Panel will be comprised of the Association Executive, three members of the Board of Directors appointed by the highest-ranking member of the Board not named in the complaint and association legal counsel.


 Reason:

There has not previously been a specified action for a harassment case at the association board level.  Board felt it was necessary to have consequences for this type of action committed by an officer or Director specifically.

*Please note* The text of "Section 13. Harrassment" has been included for reference only; there are no changes to this specific section

 


Article XIII Committees


Addition of:

MLS Committee

To the list of standing committees in the bylaws. 



About the Author:
"The Mission of the Williamson County Association of REALTORS® is to help its members meet present and future real estate challenges in Williamson County, to enhance and promote REALTOR® members’ professionalism, to encourage member involvement in the various communities of Williamson County, and to provide quality services for its members."

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