Membership in state organization

[D_K]

The state assembly of an organization meets twice per year. Its members are the state officers and certain officers from each local organization. One local organization had been inactive for a few years. Now two groups of members in that local organization have held meetings to elect local officers. It appears that one group followed the state bylaws regarding notice of local meetings and one group didn't. The state leadership intends to recognize the officers elected by the group that followed the bylaws, but the rival officers may appear at an upcoming state meeting and claim they are the rightful members of the state assembly. They may have a few officers from other local organizations that will support them.

The state assembly does not adopt a credentials report at the start of its meetings. The state secretary just does a roll call of the local officers she is aware of. When preparing that roll, does the state secretary have the authority to include the slate of officers that purportedly followed the bylaws while knowing that a competing slate exists? And is it in order for a member of the state assembly to make a motion to seat the competing slate instead? And if so, are the local officers included in the roll allowed to participate in debate and vote on that motion?

Any other general advice on handling the situation would also be appreciated. Thank you.

[Josh Martin]

The state assembly does not adopt a credentials report at the start of its meetings.

Given the recent events, it appears the organization should start this practice immediately.

The state secretary just does a roll call of the local officers she is aware of. When preparing that roll, does the state secretary have the authority to include the slate of officers that purportedly followed the bylaws while knowing that a competing slate exists?

It would seem that, for now, the State Secretary is serving as the Credentials Committee and the roll call serves as the credentials report. The State Secretary does have the authority to include the slate of officers that purportedly followed the bylaws. It would also be appropriate to leave both of them off the slate, if the State Secretary is unable to determine which purported delegation has the better claim, and report the conflict to the assembly to sort out.

And is it in order for a member of the state assembly to make a motion to seat the competing slate instead?

Yes.

And if so, are the local officers included in the roll allowed to participate in debate and vote on that motion?

No. If a motion is made to replace the currently seated delegation with the competing delegation, neither delegation is permitted to vote. I believe they are still permitted to speak in debate. After all, it will likely be necessary to hear their cases in order to make a decision.

[Richard Brown]

Agreeing with Josh Martin, I have some questions:

 

1.  For openers, what do your bylaws and rules say about who shall be recognized as officers/delegates at the state meetings?

 

2.  Also, what do your bylaws say about the "local unit" bylaws having to be in conformity with the state bylaws and/or containing certain provisions?

[Rev Ed]

Also, what do you mean by 'inactive'?  If the organization ceased to exist for a number of years and then two groups have tried to re-start it, the second group (which you claim did not follow the By-laws of an 'inactive' organization), then this group could potentially agree to a new set of By-laws when it 'reactivated' the organization. 

 

However, as part of the state organization, it would be up to the state organization to decide which group represents the local group.

[D_K]

Thank you for the responses.  I appreciate the guidance.

Roger, the bylaws do not say anything about who shall be recognized as delegates.  Regarding membership in the state assembly, it says "The [state assembly] shall consist of the [local officers] from each [local unit] and the [state officers]."  After elections, the local unit sends to the state secretary a form with the names of the officers elected.  In this case, each group from the same local unit submitted a form.  The local units do not have separate bylaws.  The state bylaws govern the operation of local units, including provisions for calling a meeting and notice.

 

Rev Ed, the local units are geographically based, so the members may live in the area but not organize the local unit.  If local leadership gets burned out and no one else steps up, some units may go a few years without meeting or holding elections.  Because they don't have their own bylaws, they would not be able to agree to a new set.