Click here for the Revised 2023 Proposed Amendments.
Following the September 5, 2023, notice to the members of the 2023 Proposed Amendments, members posed questions and requested additional clarifications. In response, the Board of Directors postponed the membership vote and at their September 28th meeting:
• Reaffirmed their recommendation and support of the proposed amendments.
• Approved revisions to two of the proposed amendments as outlined below:
- Removal of Officers & Directors. The Board of Directors amended the proposed amendment with new language provided and recommended by the Association’s legal counsel to set a more reasonable standard and comply with state law. (See page 5 of the Revised 2023 Proposed Amendments)
- Date by which a President-Elect will be Elected: Due to the delay in voting on the 2023 Proposed Amendments, the Board of Directors amended the date for 2023 to December 15, and retained the November 15 date for future years. (See page 22 of the Revised 2023 Proposed Amendments)
- Added clarifications and denoted the dates on which each proposed amendment was approved/recommended/reaffirmed by the Bylaws Committee, Governance Presidential Advisory Group, Board of Directors, or Legal Counsel. (See gray highlights throughout the Revised 2023 Proposed Amendments.)
Any changes from the September 5 notice of the 2023 Proposed Amendments are denoted within the Revised 2023 Proposed Amendments via gray highlights.
Timeline for Voting on 2023 Proposed Bylaws Amendments:
• September 29: Notice to all Members of the revised 2023 Proposed Bylaws Amendments.
• October 6-12: Voting via AssociationVoting.com.
- On Friday, October 6, each REALTOR® member eligible* to vote will receive an email with their unique voting credentials link to the online voting platform.
- Voting will remain open until 5 pm on Thursday, October 12.
- *Eligibility is determined by the REALTOR® member being current with all financial and disciplinary obligations to the Association and MLS and having completed any new member requirements.
• October 13: Announce results.
BACKGROUND: Early this year, President Steven Sharpe appointed a Presidential Advisory Group* (PAG) to:
- Review the nominations and elections process for the Board of Directors; and
- Consider any improvements to ensure continuity and succession planning for elected leadership.
In addition to approving the PAG recommendations, the Bylaws Committee** identified various housekeeping and operational items to streamline within the Bylaws. After thorough consideration and vetting by the PAG and Bylaws Committee, the Board of Directors*** puts forth the 2023 Proposed Amendments to the Bylaws.
The 2023 Proposed Amendments are organized into three categories – Governance, Operational, and Housekeeping – as outlined below.
GOVERNANCE
- To allow for more diversity, eliminate the automatic appointments to the Nominating Committee, which would be comprised of seven (7) REALTOR® members appointed from among the past presidents, current or past Directors, and current or past committee chairs.
- Provide REALTOR® members more opportunities to vote and serve on the Board of Directors by replacing automatic Director appointments with two (2) Director positions voted on by the members.
- Mirror the state and national process for electing the Officers, meaning the members vote on the Directors, who in turn elect the Officers.
OPERATIONAL
- Clarify the steps taken for member accounts with outstanding balances.
- For the annual dues billing/collection, reduce the time frame, eliminate the reinstatement and late fees, and provide for the suspension of a delinquent member and member firms prior to termination.
HOUSEKEEPING
- Clarify the dues exemption for REALTOR® Emeritus members (40+ consecutive years)
- Remove the longstanding harassment provision, which has since been replaced with a more comprehensive Code of Conduct and Anti-Harassment policy
- Provide a more reasonable process for suspending or removing an Officer or Director
- Clarify the exceptions to Robert’s Rules of Order due to the existence of policies and procedures that exist outside of the Bylaws.
- Allow for more nimble governance by removing the list of standing committees, except for the minimum recommended by the National Association of REALTORS®
- Clarify the President’s role regarding committees.
- Clarify a breach of confidentiality by a committee member could result in removal from a committee.
- Clarify that remote participation of Officers and Directors in meetings is not limited to participation by telephone.
- Resolve the inconsistency between the timeframe for completing New Member Orientation and MLS Orientation.
- Clarify the CEO’s role in providing assistance to the Secretary-Treasurer regarding record keeping.
- Clarify the definition of firms caps for the Officers and Directors
- Remove the outdated and unnecessary language related to the 2017 reorganization of the MLS as a Committee of the Association.
- Clarify the distinction between the Annual Election and Annual Meeting.
- Correct numbering inconsistencies throughout the Bylaws due to various changes in recent years.
*The PAG is comprised of: Robert Backer, Robert Baker, Steven Champion, Travis Close, Randy Durham, Jennifer Grayson, Dan Griess, Jeff Nixon, Mike Purcell, and Kathy Tucker.
**The Bylaws Committee is comprised of: Chair Robert Baker, Director Liaison Mike Purcell, Susan Barnette, Teresa Clegg, Garrett Cox, Rolanda Daniel, Ken Fryar, Jennifer Grayson, Steven LaMar, Todd Maynor, Amy Mullins, Kristin Porter, and VIcki Trapp
***The 2023 Board of Directors is comprised of: President Steven Sharpe, President-Elect Kadi Brown, Secretary-Treasurer Bev Boss, MLS Chair Jeff Nixon, Immediate Past President Derek English, Connie Brewer, Brian Erwin, Robert Fisher, Holly Harwell, Ryan May, Karen Parris, Rolanda Pullen, Mike Purcell, and James Streeter.