PROPOSAL TO AMEND THE AMENDED AND RESTATED BYLAWS OF THE LOS ANGELES COUNTY BAR ASSOCIATION

 

Dear LACBA Member:

Pursuant to Section 1 of Article XII of the Amended and Restated LACBA Bylaws as amended January 22, 2020, upon receipt of a proposal for amendment of the Bylaws from any five (5) Trustees of the Association, I, as the Executive Director, am required to share such proposal for amendment of the Bylaws with the Members of LACBA accompanied by the proposed amendments.  Thirty (30) days following such notice to the Members, at any meeting of the Board of Trustees thereafter held, the Board may adopt or reject such proposed amendment of the Bylaws or any Bylaw or may amend the proposal and adopt or reject it as thus amended.

Notice is hereby given that the following Bylaw amendments will be considered at the regular Board of Trustees meeting on December 15, 2021.

Important Note:  Membership vote is not required pursuant to Sections 2 and 3 of Article XII of the LACBA Bylaws.  This is for your information only.

PROPOSED AMENDMENTS TO THE BYLAWS

Amend Articles II, Membership and Dues; VI, Officers; VII, Elections; IX Affiliate Associations; X, Committee and Sections; and XII, Amendments to Bylaws

Current Bylaw

Proposed Amendment

Rationale

Various Sections reference: Executive Director

Chief Executive Officer and Executive Director

Executive Director title changed to Chief Executive Officer and Executive Director

     

Amend Article VII, Elections

Current Bylaw

Proposed Amendment

Rationale

Section 2(g) Candidates Considered by the Nominating Committee.

The Nominating Committee may nominate one or more members of the Association who are members of the Association as of the record date specified in Appendix I attached hereto for each of the offices of President-Elect, Senior Vice President and Vice President and for each position of Trustee to be filled at the annual election. On or before the date specified in Appendix I attached hereto, (i) each Association member seeking nomination by the Nominating Committee to any of those elective offices or the position of elected Trustee must submit a declaration of intent to seek nomination and (ii) each Affiliated Association or Section seeking to have the Nominating Committee nominate a candidate for the Board of Trustees pursuant to Section 1(e) or 1(f) of Article IV must submit a nomination of such candidate; provided, however, that any member of the Nominating Committee may submit additional names of qualified candidates for nomination to the Trustee positions identified in Section 1(d), 1(e) or 1(f) of Article IV by 5:00 p.m. of the business day prior to the first meeting of the Nominating Committee.

Candidates Considered by the Nominating Committee.

The Nominating Committee may nominate one or more members of the Association who are members of the Association as of the record date specified in Appendix I attached hereto for each of the offices of President-Elect, Senior Vice President and Vice President and for each position of Trustee to be filled at the annual election, and in alternate years a Vice

President, Diversity, Inclusion & Outreach. On or before the date specified in Appendix I attached hereto, (i) each Association member seeking nomination by the Nominating Committee to any of those elective offices or the position of elected Trustee must submit a declaration of intent to seek nomination and (ii) each Affiliated Association or Section seeking to have the Nominating Committee nominate a candidate for the Board of Trustees pursuant to Section 1(e) or 1(f) of Article IV must submit a nomination of such candidate; provided, however, that any member of the Nominating Committee may submit additional names of qualified candidates for nomination to the Trustee positions identified in Section 1(d), 1(e) or 1(f) of Article IV by 5:00 p.m. of the business day prior to the first meeting of the Nominating Committee.

Clarification

     

Section 2 (i) Notice of Nominating Committee Selections.

Within five (5) business days after making its selections (and in any event no later than the date specified in Appendix I attached hereto), the report of the Nominating Committee stating the names of the persons nominated by it shall be released to the daily newspapers of general circulation among lawyers of Los Angeles County, and a form for self-nomination as well as the names of the persons so nominated shall be posted in a conspicuous place in the office of the Association and shall be otherwise disseminated to the members of the Association.

Notice of Nominating Committee Selections.

Within five (5) business days after making its selections (and in any event no later than the date specified in Appendix I attached hereto), the report of the Nominating Committee stating the names of the persons nominated by it and providing a form for self-nomination shall be released to the legal press and posted on the Association website, and shall be otherwise disseminated to the members of the Association.

Clarification

     

Section 3. Additional Nominations.

Additional nominations for any elective Association office, except President and Immediate Past President, or for any of the Trustee positions set forth in Article IV, Section 1(d)-(f) may be made by filing with the Secretary or acting Secretary of the Association, on or before the date specified in Appendix I attached hereto of each year, a written nomination signed by at least one hundred (100) members of the Association. Any such additional nominees must, when nominated and thereafter and have been a member since the date specified in Appendix I, (i) meet the applicable requirements for service as a Trustee set forth in Section 2 of Article IV and (ii) if seeking the office of President-Elect, Senior Vice President or Vice President, meet the applicable requirements for service as an Elective Officer set forth in Section 1 of Article VI. The Executive Director of the Association, within five (5) business days after the receipt of any such properly submitted written nomination of a qualified nominee, shall release the name of the nominee to the daily newspapers of general circulation among lawyers of Los Angeles County, shall post a notice of such nomination in a conspicuous place in the office of the Association shall otherwise disseminate information concerning such nomination to the members of the Association.

Additional nominations for any elective Association office, except President and Immediate Past President, or for any of the Trustee positions set forth in Article IV, Section 1(d)-(f) may be made by filing with the Secretary or acting Secretary of the Association, on or before the date specified in Appendix I attached hereto of each year, a written nomination form (or multiple copies of the form) signed by at least one hundred (100) members of the Association. Any such additional nominees must, when nominated and thereafter have been a member since the date specified in Appendix I, (i) meet the applicable requirements for service as a Trustee set forth in Section 2 of Article IV and (ii) if seeking the office of President-Elect, Senior Vice President, Vice President or Vice President, Diversity, Inclusion & Outreach, meet the applicable requirements for service as an Elective Officer set forth in Section 1 of Article VI. The Chief

Executive Officer and Executive Director of the Association, within five (5) business days after the receipt of the necessary number of signatures on any such properly submitted written nomination forms for a qualified nominee, shall release the name of the nominee to the legal press and on the Association website and shall otherwise disseminate information concerning such nomination to the members of the Association.

Clarification

     

Amend Article VII, Elections

Current Bylaw

Proposed Amendment

Rationale

Section 6. Reinstatement of Affiliated Status.

If the affiliated status of an association is terminated pursuant to Section 6 of this Article, then such association shall not be eligible to apply to reinstate its affiliated status without having met (a) the requirements of Section 2(a) of this Article for the two years immediately prior to its application for reinstatement and (b) all other requirements for affiliation.

Reinstatement of Affiliated Status. If the affiliated status of an association is terminated pursuant to Section 5 of this Article, then such association shall not be eligible to apply to reinstate its affiliated status without having met (a) the requirements of Section 2(a) of this Article for the two years immediately prior to its application for reinstatement and (b) all other requirements for affiliation.

Correct section reference

     

Amend Appendix I

Current Bylaw

Proposed Amendment

Rationale

Polls Close: June 1

Polls Close: May 15

A month found to be an excessive amount of time

 

Review the full proposed amendments to the LACBA Bylaws with words inserted in blue and words removed stricken in red. [entire sentence embedded w/ link to the redlined version]

Please be assured that these proposed amendments will not have adverse consequences to LACBA operations, and we are working diligently for a more efficient, modern bar. Please email me at ed@lacba.org for any questions.

 

Thank you for your support of LACBA and with every best wish!

Stan Bissey

Executive Director