AMONG THE CHANGES to be considered at the June 4 Bar membership meeting will be a proposed amendment to the NHBA bylaws to enable the Board of Governors—the elected decision-makers of the association—the authority to adjust the dues amounts (up or down) by a small amount if deemed necessary and appropriate. The proposal would require a three-fifths majority vote and any dues adjustment of more than 15 percent would be submitted to the membership for approval.

The board recognizes that the proposed increase before the membership is significant, and has proposed this amendment to create a more orderly process for the future that would avoid the need for "sticker shock" dues changes in subsequent years.

The text of the proposed bylaws changes:

Replace Article II, Section 2 (active members), specifying the annual membership fee, with:

"Effective with the 2003 budget year and thereafter the annual membership fee for all classes of members of the Association, except Honorary Active and Honorary Inactive members, shall be established by a 3/5 vote of the Board of Governors except that the authority to increase annual membership fees, without a vote of the membership, shall be limited to 15% of the prior year’s dues in each membership category."

Article II, Section 3 (full-time judicial members): Delete first sentence specifying dues amount.

Article II, Section 5 (newly admitted members): Delete phrase specifying dues amount and replace with an annual fee "set at a reduced level from that of members with six (6) or more years practice."

Article II, Section 6 (inactive members): Delete first sentence specifying dues amount. Also change the amount to be paid by members on Inactive Retired Status from $25 to an amount "not to exceed 10 percent of the Active membership fee."

The Board of Governors has also proposed to the membership a series of constitutional and bylaws changes related to the composition of the Board of Governors. One series of changes (Bylaws, Article VI) would expand the Board of Governors to include two representatives from the state’s most populous county, Hillsborough:

Article VI, Sections 1, 4: Add "or divisions" in all references regarding counties to incorporate the addition of divisional seats for Hillsborough County on the Board of Governors.

Another changes the limitation from not more than two to not more than three governors-at-large from the same county:

Section 5. Certification of Elections. The ballots shall forthwith be canvassed by a board of at least three (3) tellers appointed by the President, the count shall be certified by the tellers to the Secretary, and the candidates receiving the highest number of votes for their respective offices shall be declared elected, subject only to the limitation that not more than two (2) three (3) Governors-at-Large shall have their principal offices within the same county….

The last proposed amendment to the bylaws allows sections to hold a meeting for the purpose of election of officers between January 15 and March 15 annually. Previously, sections were required to hold elections in conjunction with the Bar’s Mid-Winter Meeting:

Article X, Section 6: Sections shall be responsible for publishing reports of meeting at least quarterly, and may jointly sponsor, in cooperation with Association CLE staff, at least one CLE program for general Association Membership. Sections shall hold at least two general membership meetings per year, one being at the Association Annual Mid-Winter meeting between January 15 - March 15 for the purpose of election of officers.

Changes to the Constitution require the approval of both the Bar membership and the Supreme Court; amendments to the bylaws require only a vote of the membership at a duly noticed meeting.

Of the three proposed amendments to the Constitution, the first is consistent with the proposed bylaws amendment to expand the Board of Governors to include two representatives from Hillsborough county:

Article V, Section 1, second paragraph: Delete: One (1) Governor elected from each County of this State by the active members of the Association having their principal offices in such County.

Replace with: One (1) Governor elected from each County of this State, except that Hillsborough County shall have two (2) Governors who shall be elected each from the Northern and Southern Division as defined by the Administrative Office of the Courts, by the active members of the Association having their principal offices in such County or Division.

The second is consistent with the bylaws amendment changing the limit of governors-at-large from a county from not more than two to not more than three:

Each elected Governor shall be an active member of the Association. The principal office for the practice of law of each Governor shall be in the County that Governor represents, and if following election such principal office is removed the position shall become vacant automatically. Not more than two three Governors-at- Large shall have their principal offices within the same County. Elected Governors shall be nominated and elected in the manner provided in the bylaws.

Of the last two proposed amendments to the Constitution, one clarifies that a governor appointed to fill an unexpired term may then run for election to a full term, and the second proposes that governors-at-large and county governors be allowed to serve two consecutive terms (currently not allowed):

Article V, Section 2, last sentence: Except as provided in Article IV, Section 2, and except for the offices of Secretary and Treasurer, no member of the Board of Governors, having won a regular, full-term election, shall succeed himself or herself serve more than two (2) consecutive terms.

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