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TYFA Bylaws

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  • Preamble: Our Mission, Our Vision
  • I: Guiding Principles
  • II:  Name
  • III: Offices
  • IV: Membership Structure
  • V: Purposes
  • VI: Organizational Structure
  • VII: Board of Directors
  • VIII: Staffing
  • IX: Execution of Instruments, Deposits, and Funds
  • X: Corporate Records, Reports and Seal
  • XI: IRS 501(c)(3) Tax Exemption Provisions
  • XII: Conflict of Interest
  • XIII:  Amending the Bylaws

Preamble

OUR MISSION
TYFA empowers children and families by partnering with educators, service providers and communities, to develop supportive environments in which gender may be expressed and respected.

OUR VISION
A society free of suicide and violence in which ALL children are respected and celebrated

Specifically, TransYouth Family Allies will work to:

Educate and inform schools, healthcare professionals, daycare centers, courts and legal representatives, child welfare agencies and communities about discrimination on the basis of gender identity or gender expression.

Eliminate harassment, oppression, and violence motivated by ignorance, fear, and hatred of transgender children and youth.

Work to inform citizens, including legislators about advances in medical science and current standards of care with regard to the legal status of transgendered and gender variant children.

Work to form alliances with organizations and individuals to help achieve support services for the transgender and gender variant children of America, so that they and their families may find the services and support that they need to live their lives free of harassment and obstruction.

Article I. Guiding Principles

In carrying out its mission, TransYouth Family Allies is guided by the following principles:

All children, regardless of individual socioeconomic conditions, age, color, creed, disability, gender identity, national origin, race, religion, sexual orientation, family status or military status should have an opportunity to be represented by our organization.

The interests and concerns of all transgender and gender variant children are valuable and should be heard and fairly represented. This includes all classes, subgroups, and minorities.

Mutual benefit can be achieved by working with other organizations in the pursuit of civil and human rights for transgender and gender variant children.

“The rights of every person are diminished when the rights of one are threatened.” –John F. Kennedy   Back to Top

Article II. Name

The name of this organization shall be TransYouth Family Allies, Inc. For the purposes of these by laws, TransYouth Family Allies, Inc. shall be referred to as “TYFA” .   Back to Top

Article III. Offices

Principal Office

The Principal office of Trans Youth Family Allies, Inc. is located in Washington County, State of Oregon.

Change of Address

The designation of the county of state of Trans Youth Family Allies principal office may be changed by amendment of these bylaws. The Board of Directors may change the principal office from one location to another within the named county by noting the change of address and effective date below, and such changes of address shall not be deemed, nor require, an amendment of these bylaws:

New Address: ___________________________________

Dated: ______________________________, 20________

New Address: ___________________________________

Dated: ______________________________, 20________

New Address: ___________________________________

Dated: ______________________________, 20________

 

Other Offices

TransYouth Family Allies, Inc. may also have offices at such other places, within or without its state of incorporation, where it is qualified to do business, as its business and activities may require, and as the Board of Directors may from time to time, designate.   Back to Top

Article IV. Membership Structure

TYFA is an organization existing to further the improvement of the lives of transgender and gender variant children through education and advocacy efforts within the United States of America.

Non-discrimination: TYFA does not and shall not discriminate on the basis of age, color, creed, disability, gender identity, national origin, race, religion, sexual orientation, family status or military status.

TYFA will not have a formal membership with legal voting rights. The program is conducted by our officers and directors with the help of volunteers with extensive qualifications and experience in dealing with the issue of transgender identity, such as parents and family of transgender youth, and medical professionals in the fields of endocrinology, family practice and psychology.

Anyone who is a parent, loved one or supporter of a transgender or gender-variant child may participate in or receive services from TYFA. Any adult, or minor with parental approval, may participate. Participants must complete an application form.   Back to Top

Article V. Purposes

Section 1: IRC Section 501(c)3 Purpose

TYFA is organized exclusively for one or more of the purposes as specified in Section 501(c)3 of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)3 of the Internal Revenue Code.

Section 2: Specific Purposes and Objectives

The purpose of TYFA shall be to educate the public on subjects useful to the individual and beneficial to the community. This includes, but is not limited to, educating and raising the public awareness regarding the issues facing children with gender variant and gender questioning identities and their families. These activities and programs will be conducted in, but not limited to, school districts, family service and healthcare agencies, non-profit or other organizations, and community groups with the goal of educating them as to the social and health issues that affect the lives of children and youth dealing with gender identity issues, and the additional issues that arise within their families and communities as a result.   Back to Top

Article VI. Organizational Structure

Statement of Principles: TYFA exists to carry out the Vision and Mission Statements set forth in the Preamble of these By Laws. In doing so, TYFA will educate, advocate and organize within communities and other constituencies to address and serve the needs of transgender and gender variant youth and their families in order to attain these goals.

In pursuit of TYFA’s stated goals, TYFA will assist in developing leaders and advocates throughout the United States of America. TYFA will foster the creation and development of local advocates and volunteers who can take action, in every effective way, to educate the public and provide services to groups and individuals included in these By Laws and defined within the organization’s Mission and Vision Statements. The organization will also bring together advocates throughout the United States to work on the overarching concerns identified in the Mission Statement.

It is also the concern of TYFA that other, similar, groups often require support in their efforts and that work on state and national issues of importance to the Transgender and Intersex communities requires coordination and  consistent message’dissemination within a network of independent advocates. TYFA wishes to assist local and national leaders and autonomous local and national groups that will be motivated to react to such issues and conditions.

TYFA recognizes that our assistance on such efforts must be undertaken in the most careful and responsible way so as to advance the image of TYFA regionally and nationwide, assure success, and protect the possibility of other organizing efforts around the country.   Back to Top

Article VII. Board of Directors

The Board of Directors of TYFA shall be the chief governing body of the organization, shall have the responsibility for managing the affairs of the organization, and shall have the responsibility for initiating and implementing changes in the organizational structure. The Board of Directors will consist of four officers: President, Vice President, Secretary, and Treasurer. The remaining members shall be Directors with voting privileges. TYFA is a self-sustaining organization.

Section 1. Election and Term of Office

a) The Board shall consist of no more than nine (9) and no fewer than five (5) members. b) One half of the members on the Board shall be elected to one (1) year terms and half of the Board shall be elected to two (2) year terms for the first year of these bylaws. Thereafter, the terms of all members elected to the Board of Directors shall be for two (2) years, creating staggered terms. c) If there is an equal number or fewer candidates for Board membership than there are open Board positions, the Board will have the options of voting for the candidate, against the candidate, or abstaining from voting.

Section 2. Nominating Committee

a) The Board of Directors shall convene a Nominating Committee to recruit and elect board members who will benefit the work of TYFA. b) The Nominating Committee shall be charged with nominating a new board member who will then be elected to the Board. c) The Nominating Committee shall conduct the nomination process in a manner that it deems efficient and equitable and report the names and arguments for inclusion to the Board. The process chosen must be open and in concert with the Board. d) In nominating the candidates for Board membership, the Nomination Committee shall exercise every care that all major constituencies of TYFA, as self-identified (e.g. families, allies, caring individuals) have the potential for representation on the Board. The Board will make a good faith effort to include representatives of parents, adult transgendered persons, and concerned individuals on the Board. The Nominating Committee shall also make every effort to select candidates for Board membership from all areas of the country in order to spread our outreach efforts sufficiently.

Section 3. Powers of the Board

a) The Board of Directors of TYFA shall have the power to propose and adopt amendments to these By Laws and to the Articles of Incorporation. B) The Board shall have the power to conduct the business of the organization including, but not limited to, oversight of the development of grant requests and their implementation, the conduct of the financial affairs of the organization, the planning and implementation of actions on behalf of TYFA, and oversight on all TYFA projects on behalf of transgender and gender variant children.

Section 4. Audits

a) The Board will arrange to have an internal audit of the organization’s financial status completed at least once each calendar year. The mechanism will be at the Board’s discretion, but must be led by at least two (2) Board members (who are not the Treasurer), with other members appointed to help as needed. b) Other audits of TYFA’s financial health will be done, as required, by granting agencies or on recommendation of the Board with a majority vote required to accept the audit report.

Section 5. Officers

The members of the Board of Directors of TYFA shall elect the following four (4) officers: President, Vice President, Secretary, and Treasurer.

Qualifications: Any person who is a volunteer and has been cleared through a criminal background check performed by TYFA may serve as an officer of TYFA.

Election and terms of office: Officers shall be elected by the Board of Directors, at the Annual Meeting, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be elected and qualified, whichever occurs first.

Removal and Resignation: Any officer may be removed, either with or without cause, by the Board of Directors, at any time. Any officer may resign at any time by giving written notice to the Board of Directors or to the President or to the Secretary of TYFA. Any such resignation shall take effect at the date of receipt of such notice or at any later date specified within the written notice, and unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective.

Vacancies: Any vacancy caused by death, resignation, removal, disqualification, or otherwise, of any officer shall be filled by the Board of Directors. In the event of a vacancy in any office other than that of President, such vacancy may be filled temporarily by appointment by the President until such time as the Board shall fill the vacancy. Vacancies occurring in offices of officers appointed at the discretion of the Board may or may not be filled as the Board shall determine.

Terms of Successors: An Officer appointed to fill a vacancy shall serve the unexpired term of the Officer’s predecessor. The appointed Officer may be elected to a subsequent term as an Officer.

Duties

President: The duties of the President shall include setting the agenda and presiding at meetings of the Board, making formal statements on behalf of TYFA, appointing chairs of committees and individuals to perform special tasks, represent TYFA and designate others to represent TYFA in external constituencies, and acting as TYFA’s president and chief operating officer for all corporate purposes.

Vice President: The duties of the Vice President shall include assuming the duties and responsibilities of the President when the President is unavailable and to perform such other duties as from time to time may be assigned by the Board of Directors.

Secretary: The duties of the Secretary shall be to keep minutes of each Board meeting and to prepare and distribute copies of those minutes to the members of the Board in advance of the next scheduled Board meeting. The Secretary shall be the official custodian of all non-financial corporate books and records, including the original or a copy of these by laws as amended or otherwise altered to date. The Secretary will assure that copies of all books and records are maintained at the principal office of the organization or kept in the Secretary’s possession.

Treasurer: The duties of the Treasurer shall include acting as the chief financial officer for all corporate purposes; maintaining a system of accounts for all monies received or disbursed by the organization; and acting as the custodian for all financial books and records of TYFA. The Treasurer will have charge and custody of, and be responsible for, all funds of TYFA, and shall deposit all such funds in the name of TYFA in such banks as shall be selected by the Board of Directors. The Treasurer will exhibit at all reasonable times the books of the account and financial records to any director of TYFA, or to his or her agent or attorney, on request therefore. The Treasurer will render to the President and Directors, whenever requested, an account of any or all of his or her transactions as treasurer and of the financial condition of TYFA.

Section 6. Recall of Officers

Upon written petition by at least one-third (1/3) of the members of the full Board of Directors, a vote of confidence shall be held for the officer of the corporation specified by the petition. If the Board demonstrates its lack of confidence in said officer by failing to provide a two-thirds (2/3) vote in favor of said officer; that officer shall be considered recalled and the office shall be declared vacant.

Section 7. Directors

Powers of Directors: Directors may act on behalf of TYFA only when specifically authorized by these bylaws or by the Board of Directors.

Resignation of Director: A Director may resign at any time by giving written notice to the Board of Directors. Unless otherwise specified in the written notice, the resignation shall take effect upon receipt of the written notice by the Board of Directors.

Recall of Director: Upon written petition by at least one-third (1/3) of the members of the full Board of Directors, a vote of confidence shall be held for the board member of the corporation specified by the petition. If the Board demonstrates its lack of confidence in said board member by failing to provide two-thirds (2/3) vote in favor of said board member; that board member shall be considered recalled and the board position shall be declared vacant.

Appointment of Successor: A Director appointed to fill a vacancy shall serve the unexpired term of the Director’s predecessor. The appointed Director may be elected to a subsequent term as a Director.

Non-liability of Directors: The directors shall not be personally liable for the debts, liabilities, or other obligations of TYFA.

Indemnification By Corporation of Directors and Officers: The Directors and Officers of TYFA shall be indemnified by TYFA to the fullest extent permissible under the laws of the state.

Insurance for Corporate Agents: Except as may be otherwise provided under provisions of law, the Board of Directors may adopt a resolution authorizing the purchase and maintenance of insurance on behalf any agent of TYFA (including a director, officer, employee or other agent of TYFA) against liabilities asserted against or incurred by the agent in such capacity or arising out of the agent’s status as such, whether or not the corporation would have the power to indemnify the agent against such liability under the articles of incorporation, these by laws, or provision of law.

Section 8. Meetings

a) Date, Time, and Place: It being understood that the members of the Board may reside in all parts of the United States, and that extensive and continual travel may present a hardship to some members of the Board, the Board shall have the discretion in choosing the location, time and date of its meetings, provided that: 1) the Board shall meet at least quarterly via conference call and once annually in person and may meet more often at the discretion of the President. 2) The location and time of each meeting shall be determined and distributed to all members of the Board. The President of the Board, by concurring majority vote of the Board of Directors, may convene the Board in executive session to resolve such items as individual personnel issues, pending litigation involving the organization, etc.

b) Agenda: The Secretary will distribute an agenda one week prior to the Board meeting, along with the published notice of the meeting.

c) Quorum: At least one half (1/2) of the current members of the Board shall constitute a quorum for doing business.

d) Discussion: Discussion of each matter contained in the Agenda shall be open, and to the extent possible, not subject to formal rules of procedure; provided that the President may regulate discussion by recognizing people to speak and by limiting time allowed for discussion.

e) Action: All actions shall be taken by the Board through the following procedures: 1) Proposal of a precisely worded resolution by a Board member. To the extent possible, such resolutions shall be prepared in writing in advance by the Board member proposing it; in all other cases, the Secretary shall formulate the precise wording of the resolution. 2) The motion/resolution shall be seconded. 3) And a vote shall be taken by a method at the discretion of the President. 4) A motion shall pass if it receives a simple majority of the persons voting for or against. (Does not count those abstaining)

f) Board Action without a Meeting: Any action required or permitted to be taken by the Board at a meeting may be taken without a meeting if a majority of the Board members constituting a quorum of the Board gives their consent by mail, electronic mail, fax, or telephone call.

Annual Meeting: The Board of Directors will meet annually to discuss TYFA’s plans and goals for the coming year and to elect Board members. Date, Time, and Place: It being understood that the members of the Board may reside in all parts of the United States, and that extensive and continual travel may present a hardship to some members of the Board, therefore, the location and time of each meeting shall be determined and distributed to all members of the Board at least ninety (90) days prior to said date.

Special Meeting: At the request of 2 or more members of the Board of Directors the President shall cause a special meeting to be called but such request must be made in writing at least (7) seven days before the requested scheduled date. No other business but that specified in the notice may be transacted at such special meeting without the unanimous consent of all present at such meeting. It being understood that the members of the Board may reside in all parts of the United States, and that extensive and continual travel may present a hardship to some members of the Board, Special Meetings may be held through teleconferencing or other means deemed necessary by the President.   Back to Top

Article VIII. Staffing

Staffing Authority of the Board of Directors

TYFA may, from time to time, be in a position to hire staff. As conditions change, the organization may do so as it sees fit.

General responsibilities for such staff members shall be fixed in an employment contract specifying the nature of the employment, such contract making clear that the staff person serves at the pleasure of the Board of Directors and specifying conditions of employment and termination.   Back to Top

Article IX. Execution of Instruments, Deposits, and Funds

Execution of Instruments: The Board of Directors, except as otherwise provided in these bylaws, may by resolution authorize any officer or agent of TYFA to enter into any contract or execute and deliver any instrument in the name of and on behalf of TYFA, and such authority may be general or confined to specific instances. Unless so authorized, no officer, agent, or employee shall have any power or authority to bind TYFA by any contract or engagement or to pledge its credit or to render it liable monetarily for any purpose or in any amount.

Checks and Notes: Except as otherwise specifically determined by resolution of the Board of Directors, or as otherwise required by law, checks, drafts, promissory notes, orders for the payment of money, and other evidence of indebtedness of TYFA shall be signed by the treasurer.

Deposits: All funds of TYFA shall be deposited from time to time to the credit of TYFA in such banks, trust companies, or other depositories as the Board of Directors may select.

Gifts: The Board of Directors may accept on behalf of TYFA any contribution, gift, bequest, or devise for the nonprofit purposes of TYFA.   Back to Top

Article X. Corporate Records, Reports and Seal

Maintenance of Corporate Records

TYFA shall keep in the Secretary’s possession: Minutes of all meetings of Directors, committees of the Board, indicating the time and place of holding such meetings, whether regular or special, how called, notice given, and the names of those present and the proceedings thereof. A copy of TYFA’s articles of incorporation and bylaws as amended to date, which shall be open to inspection by members, if any, of TYFA at all reasonable times.

Corporate Seal: The Board of Directors may adopt, use, and at will alter a corporate seal. Such seal shall be kept at the principal office of TYFA. Failure to affix the seal to corporate instruments, however, shall not affect the validity of any such instrument.

Directors’ Inspection Rights: Every Director shall have the absolute right at any reasonable time to inspect and copy all books, records and documents of every kind and to inspect the physical properties of TYFA and shall have such other rights to inspect the books, records, and properties of TYFA as may be required under the articles of incorporation, other provisions of these bylaws, and provisions of law.

Right to Copy and Make Extracts: Any inspection under the provisions of this article may be made in person or by agent or attorney and the right to inspection shall include the right to copy and make extracts.

Periodic Report: The Board shall cause any annual or periodic report required under law to be prepared and delivered to an office of this state of TYFA, to be so prepared and delivered within the time limits set by law.   Back to Top

Article XI. IRS 501(c)(3) Tax Exemption Provisions

Limitations on Activities: No substantial part of the activities of TYFA shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided by Section 501(h) of the Internal Revenue Code), and TYFA shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, any candidate for public office.

Notwithstanding any other provisions of these bylaws, TYFA shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501 (c)3 of the Internal Revenue Code, or (b) by a corporation, contribution to which are deductible under Section 170(c)(2) of the Internal Revenue Code.

Prohibition Against Private Inurement: No part of the net earnings for TYFA shall inure to the benefit of, or be distributable to, its members, directors or trustees, officers, or other private persons, except that TYFA shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of TYFA.

Distribution of Assets: Upon the dissolution of TYFA, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation, shall be distributed to one or more exempt organizations dedicated to educating the public about transgender issues and rights that are also organizations within the meaning of Section 501(c)3 of the Internal Revenue code.   Back to Top

Article XII. Conflict of Interest

Section 1: Purpose

he purpose of the conflict of interest policy is to protect this tax exempt organization’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Section 2: Definitions

Interested Person: Any director, principal officer, or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.

Financial Interest: A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:

An ownership or investment interest in any entity with which the Organization has a transaction or arrangement,
A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or

potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a transaction or arrangement.

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

A financial interest is not necessarily a conflict of interest. Under Section 3, paragraph 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Section 3: Procedures

Duty to Disclose: In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering proposed transaction of arrangement.

Determining Whether a Conflict of Interest Exists: After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she/shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.

Procedures for Addressing the Conflict of Interest:
An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.

The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.

Violations of the Conflicts of Interest Policy

If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.

If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Section 4: Records of Proceedings

The minutes of the governing board and all committees with board delegated powers shall contain:
The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest was present, and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Section 5: Compensation

A voting member of the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.
A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member’s compensation.

No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

Section 6: Annual Statements

Each director principal officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:

Has received a copy of the conflicts of interest policy,
Has read and understands the policy,
Has agreed to comply with the policy, and
Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

Section 7: Periodic Reviews

To ensure the Organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:

Whether compensation arrangements and benefits are reasonable, based on competent survey information and the result of arm’s length bargaining.

Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organizations written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in excess benefit transaction.   Back to Top

Article XIII. Amending the Bylaws

Amendments to the Bylaws of TransYouth Family Allies, Inc.

The Bylaws of TYFA may be amended by action of the Board of Directors. The Board of Directors shall have the power to amend these Bylaws, by a two-thirds majority vote of all members of the Board, provided that no amendment to the by Laws shall be made by the board of Directors unless written notice of such proposed change in the Bylaws is received by all members of the Board at least fourteen (14) days before such change is effected.   Back to Top