Is the Board of SPAR legally defunct?

[stephendare]

Apparently there is some discussion that the SPAR organization is officially defunct due to oversights in its bylaws.

The by laws provide for one year terms for board members, with elections being held in October.

But there isnt any specific law that provides for a hold over in board membership after the allotted one year has expired.

Since SPAR has not had elections for two years, this seems to indicate that the organizations board is defunct, and that all future meetings will have to be held with general membership and simply majority votes on the various issues.

Interesting pickle if so.

If this is correct, they cant even hold a meeting unless there is a quorum of the full membership.  And the current board members cannot meet to approve any holdover clauses being voted into the bylaws.

Wow.

[strider]

Actually, the by-laws currently state that there will be three year terms and that approximately one third of the directors shall be up for election or appointment every year.  SPAR Council did have a quasi election last year, but the board has changed and at least two of the board members are not currently legally on the board nor were they this time last year.  As the Organization has not even discussed elections (or so it seems as no one has posted anything and as a member (for another month), I haven’t gotten any notices) , then I would say that the by-laws no longer are being followed in any way, shape or form.

Of course, unless you go to every single board meeting, are privy to all the e-mail “voting” that seems to be done and of course figure in the fact that the "Governance Board” and Executive Committee seem to make up things as they go and call it fact, how would anyone know what really is going on?

How would one “unseat” a group of people who have basically “taken over” a local non-profit against the very by-laws they helped to write?

In all fairness, these few people, I believe, want to make SPAR Council a CDC.  More like Metro North.  I don’t think they can legally do that, at the least, they haven’t done a good job in trying.