As a member of USLCA, you have the opportunity to comment on the recent proposed Bylaws changes. The comment period will be open from October 1-October 14. Members can use the comments section below to discuss the proposed changes. Once the comment period is closed, all necessary revisions will be made and sent out for an official member vote.
The following content is accessible for members only, please sign in.
Loading…
In 2.1.1, remove the “of” in the line, “skills of related to lactation”
thanks.
Got it! Thanks!
Thank you Liz and board for working on this. So appreciated.
Just got my 1 Oct 2015 communication from USLCA, enclosing old by-laws, newer-than-new-by-laws, and a red-lined (or “tracked changes”) version to allow easy comparision. Whoo Hoo!
SSOOOOO close.
(1) You’ll have to renumber Section 4 since you anticipate eliminating sections.
(2) 6.2 and 6.3 are now contradictory on their face. Which is it for Prez/Officer? A 3 year term, or a 2-3 year term?
(3) I still do not know: Do these by-laws have to indicate the non-profit is incorporated in VA?
I suppose that can be inferred from 3.3 … but it went all the way up to the U. S. Supreme Court in King v. Burwell to decide whether federal subsidies to fund state exchanges could be “inferred” from the ACA language.
While the by-laws indicate USLCA is organized to meet 501(c)(3) objectives (hooray!) … that designation springs from recognition by the IRS that the entity is itself properly organized and registered (i.e. … as a non-prfoit, in the Commonwealth of VA).
Why not just spell it out up front, like IBLCE’s and ILCA’s by-laws?
(4) I still do not know: Does the current draft of proposed by-laws for USLCA sufficiently meet the Virginia statutory requirements for defining and describing who shall “[prepare] minutes of the directors’ and members’ meetings and [authenticate] records”? https://www.harborcompliance.com/information/nonprofit-governance-by-state
(5) Glad to see you re-worked 14.1, corrected 8.2, and got rid of that whole part 1, from the original Sept 2015 draft.
Liz,
Thank you for pointing these out, we will double check with our attorney to make sure we have the appropriate wording.
Carrying over here, from a thread started on the USLCA Facebook Page:
YO! All I did get an email from USLCA today (29 Sept), enclosing the old bylaws for my convenience AND a link to this forum page (newly created perhaps?) on the USLCA website.
I have looked over both, and by my reckoning there are several changes to the 7-9-10 “old” by-laws, in the areas noted below. Under the old by-laws — which govern USLCA right now, “These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a two-thirds (2/3) vote of the membership voting at any regular or special membership meeting.”
So we need 2/3 of those voters who answer the call to a special election for by-laws amendment either to approve EACH change, or THE WHOLE AMENDED DOCUMENT as offered.
I am not surprised that USLCA has seen the need to put the brakes on the current call for votes, and to start again at square one. The process outlined above [on the Facebook thread] seems much better, doncha think? It’s all about good governance, ain’t it?
———
Sections with NEW language in the proposed by-laws (some changes minor, others not-so-much) are:
New Part I — entirely new section from the old by-laws
2.1, 2.1.1
4.1, 4.2, 4.3, 4.4, 4.5 (old 4.3 and 4.5 to be eliminated)
5.1, 5.2
6.3
8.2 — NOTE this is a “change” in that the old by-laws have the language that USLCA is now calling a typo. The language in old-versus-new is the SAME, but it is bad language.
14.1 Pay attention to this one in particular. The conditions for amending by-laws in future are made significantly more loose. 2/3 of the “participating voting membership” can change or repeal USLCA by-laws. Hmm. Participating in what? We don’t know.
Thank you, Liz! Your close examination will make for a much stronger document than we ever had. Our attorney is impressed by the by-law savvy of our members. We appreciate the input.