Disaster Declarations and Term Limits

[Guest bishop421]

What is the procedure for board members to stay on past their term limits due to federal emergency?

We are in Houston and Harvey has caused Houston to be declared a disaster area, the board needs to make decisions for the immediate needs of the school but 3 of our 5 board members term expire on August 31st and the election we had scheduled was cancelled due to Harvey.  How does the secretary record this?

[Guest Who's Coming to Dinner]

How are the board members' terms of office described in the bylaws? If they serve "…and until their successors are elected," then they will remain in office until you hold the election. Otherwise, there is no provision under Robert's for officers to act in an official capacity once their terms have expired. If you are a public entity, you may be subject to pertinent laws that provide otherwise.

[Richard Brown]

I agree that you should first check the exact wording of your bylaws re terms of office. If you are incorporated, state law might well provide for officers (and board members) to serve until their successors are elected. State law also might contain provisions for functioning after disasters. 

RONR has no provisions regarding officers holding over after disasters.

[J. J.]

In this circumstance, the power, within the assembly, that cancelled the election can reschedule it. 

If you bylaws use the phrase, "and until their successors are elected," or "or until their successors are elected," they will continue to hold office until the group elects new officers.

Was this election to take place at a meeting? 

[Richard Brown]

57 minutes ago, J. J. said:

In this circumstance, the power, within the assembly, that cancelled the election can reschedule it. 

JJ, I have a hunch the meeting (or election) wasn't really properly "canceled " but that someone, likely the president, simply announced that "due to the impending hurricane, the meeting is canceled". 

Whether validly cancelled or not, I suppose one of the pressing questions is whether a special meeting can and should be called, pursuant to their bylaws, for the purpose of electing officers and/or board members.  That might be needed sooner rather than later if there is no provision for the current officers to continue to serve until their successors are elected.

Their course of action should be dictated by their bylaw provisions on terms of office.

[J. J.]

2 hours ago, Richard Brown said:

JJ, I have a hunch the meeting (or election) wasn't really properly "canceled " but that someone, likely the president, simply announced that "due to the impending hurricane, the meeting is canceled". 

Whether validly cancelled or not, I suppose one of the pressing questions is whether a special meeting can and should be called, pursuant to their bylaws, for the purpose of electing officers and/or board members.  That might be needed sooner rather than later if there is no provision for the current officers to continue to serve until their successors are elected.

Their course of action should be dictated by their bylaw provisions on terms of office.

I'd need more detail, though.   Do they have meetings more often than quarterly.  Are special meetings permitted.  Is the voting done at the meeting?  Do the bylaws have a "doomsday" clause?

I would have preferred that the meeting was adjourned at the call of the chair.   

 

 

 

[Gary c Tesser]

bishop, you got Internet access yet?  You reading us?