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| Can I see your By-Laws? https://www.rypn.org/forums/viewtopic.php?f=1&t=28154 |
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| Author: | robertmacdowell [ Thu Sep 17, 2009 4:33 pm ] |
| Post subject: | Can I see your By-Laws? |
For a nonprofit organization, By-Laws are generally public documents. I need to see the By-Laws for a dozen or so railway museums. Could you send me yours? No menace involved, whatsoever, least not from me. Another railway museum is having its by-laws questioned, and I want to have a looksy at what some typical ones look like. Thanks! |
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| Author: | Stationary Steam [ Thu Sep 17, 2009 9:33 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
I too have an interest in seeing other organizations' bylaws as we are still writing ours and could use some guidance in that department. I wonder if sample copies of bylaws could be posted on the RYPN site somewhere for ready reference to those of us who need them. |
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| Author: | Ed Kapuscinski [ Thu Sep 17, 2009 9:46 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
Funny, I just made these available online the other day: http://thecrhs.org/aboutus/bylaws Not a museum, but it's something. |
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| Author: | superheater [ Thu Sep 17, 2009 10:23 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
Looking at other organization's by-laws isn't likely to quell a dispute. First, the you need to understand the language. Secondly, requirements vary by state. Get a lawyer. This is what they do, rendering advice about the meaning of legal documents. |
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| Author: | Gary Gray [ Thu Sep 17, 2009 11:08 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
superheater wrote: Looking at other organization's by-laws isn't likely to quell a dispute. First, the you need to understand the language. Secondly, requirements vary by state. Get a lawyer. This is what they do, rendering advice about the meaning of legal documents. On the first point I agree. However, it may help to avoid future conflicts. Regarding getting a lawyer, I don't think that is necessary in all cases. Unless you're lucky enough to have one as a member they are likely to charge copious amounts of money. I have been involved with amending the by-laws of 3 different non-profits and have written them for a fourth. In no case was a lawyer involved except for a final review (by lawyer members) on some. Remember, the by-laws should only define the interaction between an organization's management and membership. Whether or not it is a railway preservation organization is not really pertinant. Look at other 501-C3's also. The articles of incorporation (legal revue for state requirements very prudent here), mission statement, and operating rules or guidelines should be separate documents. The "KISS" principle applies. Good luck, politics is never pretty. |
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| Author: | RCD [ Thu Sep 17, 2009 11:51 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
Here are the ones for the Shelburne Falls trolley Museume www.sftm.org/orgimages/Bylaws2007.pdf |
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| Author: | Randy Hees [ Fri Sep 18, 2009 12:08 am ] |
| Post subject: | Re: Can I see your By-Laws? |
The SPCRR Bylaws are posted on their website at http://www.spcrr.org/bylaws.htm Randy Hees |
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| Author: | Brian Norden [ Fri Sep 18, 2009 12:41 am ] |
| Post subject: | Re: Can I see your By-Laws? |
Several of the historical and modeling societies have their bylaws on-line. |
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| Author: | tomgears [ Fri Sep 18, 2009 9:47 am ] |
| Post subject: | Re: Can I see your By-Laws? |
Often when these by-laws issues come up it involves members who are disgruntled or who have had their membership revoked (kicked out). This can be a very important issue. Something that might not come to mind during in infighting is that many of our organizations are non-profit and are exempt from tax burden and able to allow donations to be written off by the donor. The tax code has many requirements in order to gain and maintain this status. I have read of an instance where a situation could have played out very badly when a non-profit (although not a rail organization) nearly lost it's 503(3) status. In general, inconsistencies or certain practices aimed at an individual were brought to the attention of the IRS by disgruntled persons and the IRS came knocking on the door with a lot of questions about the operation of the organization and if it was operating within the requirements of a 503(c). The organization satisfied the IRS but it was made a lot of people worry as the IRS and 503(c) status was the last thing they were thinking about when they were dealing with the individual. I'm not a legal or tax expert but I know enough that I want to avoid dealing with the legal or tax system. |
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| Author: | Alexander D. Mitchell IV [ Fri Sep 18, 2009 10:46 am ] |
| Post subject: | Re: Can I see your By-Laws? |
tomgears wrote: I have read of an instance where a situation could have played out very badly when a non-profit (although not a rail organization) nearly lost it's 503(3) status. In general, inconsistencies or certain practices aimed at an individual were brought to the attention of the IRS by disgruntled persons and the IRS came knocking on the door with a lot of questions about the operation of the organization and if it was operating within the requirements of a 503(c). The organization satisfied the IRS but it was made a lot of people worry as the IRS and 503(c) status was the last thing they were thinking about when they were dealing with the individual. I'm not a legal or tax expert but I know enough that I want to avoid dealing with the legal or tax system. Actually, you can read about a very similar (the same?) situation in the newspapers almost daily right now...... okay, maybe not all the newspapers, but definitely the lead item on Fox News, the Wall Street Journal, and right-leaning blogs...... Although none of our rail organizations apparently aim to be as big, ambitious, and "political" as ACORN, this definitely represents a worst-case scenario for such a non-profit..... |
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| Author: | toober [ Fri Sep 18, 2009 10:58 am ] |
| Post subject: | Re: Can I see your By-Laws? |
Alexander D. Mitchell IV wrote: Although none of our rail organizations apparently aim to be as big, ambitious, and "political" as ACORN, this definitely represents a worst-case scenario for such a non-profit..... The Howard Hughes Medical Institute takes the cake. They made some interesting "medical" equipment. -- Will |
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| Author: | toober [ Fri Sep 18, 2009 11:11 am ] |
| Post subject: | Re: Can I see your By-Laws? |
I think it is a great idea to post by-laws to a public place - as well as other important bits of paperwork, like museum charters and collection policies. One of my main reasons for this is that it allows me to see if a museum is legitimate, a scam, a private club, or a bunch of well intentioned people that simply have a dream bigger than reality. I have been involved with quite a few museum startups of various sizes (all not railroading, up to this point), and have seen basically all of the above scenarios in the organizations. If I see a group is not sticking to the plan on paper, I have to start wondering - and in some cases start running. If a group can not even bother with the paperwork, I see them as doomed, and will not get involved. Essentially, the mindless BS paperwork is important, and is my basic test for sounding out an organization. There are a couple of groups in the Northeast I am interested in joining, so c'mon guys - nothing to hide, right? -- Will |
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| Author: | tomgears [ Fri Sep 18, 2009 12:03 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
It's important to remember that a fight over kicking someone out or how to run the place could quickly turn into a fight for the very survival of the organization. |
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| Author: | JohnC [ Mon Sep 21, 2009 7:41 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
If you join the Alco Historical & Technical Society, you get the By-laws Constitution and many other documents as part of your Membership Handbook. John Mech President |
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| Author: | Jim Vaitkunas [ Tue Sep 22, 2009 7:20 pm ] |
| Post subject: | Re: Can I see your By-Laws? |
You can read our by-laws by going to our website: http://www.trolleyride.org Click on the button on the upper left of our home page and then on "organizational documents" Our By-laws aren't the best, however. The current thinking amongst fellow museums is to have a very simple and basic by-laws that fully comply with all federal and state requirements. But don't put in minutiae that might change frequently. Cover these areas such as calls for nominations for the Board, annual election, member conduct and discipline, accession/deaccession of artifacts, etc., in separate policies that are much easier to change when necessary. We will probably be doing this in the next year or so. Thanks! |
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