A homeschool leader is asking some excellent questions about writing bylaws, establishing a board and collecting money.
I am co-directing an established homeschool group and we are in the process of writing by-laws. My question is:
- Is it okay to not allow members to have a vote pertaining to the decisions of the homeschool board?
- Can the by-laws be set up to allow suggestions and recommendations from the members at the approval of the board?
- Also, is it legal to initially appoint a board without a vote and then fill vacancies at the discretion of the established board?
Our concern is to protect the vision of the homeschool group.
Your website has been a tremendous help to us. Thank-you for your time and ministry to homeschoolers.
You have asked several good questions. Your group is fortunate to have you as a co-director.
Yes, it is OK to not allow members to vote; I have been on several nonprofit boards that do not have members vote.
Yes, you can set up your bylaws to allow final approval of ideas to be a board responsibility. You may establish a practice of considering suggestions and recommendations; you may not need to formalize the practice in the bylaws.
Yes, you can appoint a board without a member vote. This is done quite frequently on nonprofit boards, especially fine arts boards (i.e., art museums, symphonies, ballets, etc). Many boards find new board members from interested members, volunteers or patrons.
As a guideline, your board should remember their fiduciary duty (duty of care and duty of loyalty) to manage the funds with the purpose/mission of the organization in mind and not for private gain or benefit.
The board’s job is
- to provide for fiscal accountability,
- approve the budget, and
- formulate policies”
In other words, think first of what is best for the organization.
You might find my Homeschool Organization Board Manual to be helpful.
It is a template to create a board member binder. It has lists of important documents to keep in your binder and tools to help you run your meetings smoothly including a sample agenda that you can use over and over again.
But this is more than just a few cover sheets for your binder. It is also a 55-page board training manual with helpful articles.
I hope that helps!
Carol Topp, CPA