Hello all, I just incorporated my new theater group here in Colorado. I have been doing research on the internet for days now and I cannot find any sample bylaws or articles about having PERMANENT MEMBERS OF THE BOARD. For instance having the PREsident, Vice, Sec, Treas. Etc. on Permanently untill they wish to resign or are voted off the board.. Or how about Board members switching posts every other year or so... Just some kind of way to keep the founding members able to run the company.  Has anyone heard of this or is it even legal for a non-profit to do this.. we would like to have membership drives and as an incentive for donations (for season tickets, annual membership, whatever) the only voting privelages the members would be able to participate in would be for our annual awards ceremony.   Is any of this possible...   

Thank you so much for taking the time to read my Post.

                                           Dan Marquardt,

                                      president, DownStageLeft Productions.

Well, not quite the response I was hoping for:  I just don't want to have the dream of starting a theatre to crash and burn after we (the founders and original board members) have gone. Hoping there was someway to be permanently in charge of what we would create. After all, isn't the reason one starts a company because they want to be involved in the decision making process on a permanent basis? Or am I being selfish in this matter? I understand about new blood, but I am perfectly confident that the board we have selected will be able to keep the theater fresh and new (keep up with the times, so to speak). Any input is greatly appreciated!

Sorry Danny I should hsve sugested that you check out the American Association of Community Theater http://www.aact.org/index.htm & even for your group to jion it.

Pose the question of enscoced members there!

Chookas

Joe

Your right Amy! The length time of the term of office, doesn?t matter!

So long as there is a pre-set sunset to the office positions termination. Where upon a vacancy occurs automaticly. Therefore the position must be declared vacant and elections called for & if contested, are held.

However this is not what Danny wishes to do! I believe the intention of his question, was to see if there was a way to ensconce certain Board officers with a provision in the Bylaws, that perpetually gives them the right to hold office, without the need to stand for re-election!

Unfortunately I believe this may become a dictatorship! That will possibly back fire on Danny himself in the future, while it is fine at present, he too may be saddled with an undesirable ensconced officer, that nothing can be done to force a change, therefore disenfranchising the general membership as a whole!

You need to be careful in how you word your by-laws.  I know of two theaters that have not been able to get their 501(c)(3) from the IRS because of Board composition issues.  In one case the IRS feels there are too many family members on the board and in another case they have problems with the election procedure (I'm not sure just what they are).

Here is the way that one theater does it (and has their 501(c)(3) status).  The organization is run by an Artistic Director who (according to the by-laws) also serves as President and Treasurer.  This person has the right to appoint and remove other officers (but not directors) by writing them a letter informing them and the board they have been appointed or removed.  The Artistic Director appoints (subject to board approval) Directors to fill any vacancies on the board and nominates directors for approval by the members at the annual meeting.  That is the most powerful position I have seen in By-laws.

Our theater does not have any members so the existing five member board elects the new directors who are nominated by a committee consisting of two non board members and one board member.  Incumbent Directors who desire to remain on the board must be nominated.  All directors must participate in one production during their term to be re-nominated.  We have very little turnover but everyone is active in our productions.

Hope this helps.