Guest Layne Posted October 10, 2017 at 04:17 PM Report Share Posted October 10, 2017 at 04:17 PM Several members of the board called for elections in August of this year. No notice was given, even though the elections have always been in September, and so is written in the by laws. I believe the election was moved up a month because of who was, and who was not at the meeting that night, thus affecting the elections., what can be done to throw out this illegal election? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted October 10, 2017 at 05:51 PM Report Share Posted October 10, 2017 at 05:51 PM 1 hour ago, Guest Layne said: Several members of the board called for elections in August of this year. No notice was given, even though the elections have always been in September, and so is written in the by laws. I believe the election was moved up a month because of who was, and who was not at the meeting that night, thus affecting the elections., what can be done to throw out this illegal election? What exactly do the bylaws say regarding when the elections are held and/or how they are scheduled? Quote Link to comment Share on other sites More sharing options...
Guest Layne Posted October 10, 2017 at 07:00 PM Report Share Posted October 10, 2017 at 07:00 PM From the By-laws.... "The officers shall be elected annually by the board of directors on the third monday of September and shall take office the 1st of october." This year, at the August meeting, they announced that the elections were being held that night, and opened the floor for nominations. I cant see how that is legal at all. Quote Link to comment Share on other sites More sharing options...
Bruce Lages Posted October 10, 2017 at 07:06 PM Report Share Posted October 10, 2017 at 07:06 PM Based on the quote from your bylaws, it's not in order at all. Beyond that major transgression, elections always require prior notice (unless the date is established in the bylaws, as your is) so simply announcing "we're going to have the election tonight" will always be out of order. While an election can be postponed to an adjourned meeting, a special meeting or the next regular meeting (if within a quarterly time interval), I know of no legitimate means of moving an election to an earlier meeting than the one stipulated by rule. Quote Link to comment Share on other sites More sharing options...
Guest Layne Posted October 10, 2017 at 07:15 PM Report Share Posted October 10, 2017 at 07:15 PM Thank you for confirming that. So I'm going to come up against opposition when I bring this up. What specifically should I say or do to introduce this, and give my best shot at causing a new election? Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted October 10, 2017 at 07:46 PM Report Share Posted October 10, 2017 at 07:46 PM At the next meeting you can raise a point of order, that the action taken is null and void since it violates the rule in the bylaws and may not be suspended. RONR (11th ed.), p. 251 a) and p. 263. If the point is not well taken (it should be) you can appeal but you'll need a majority to overturn the chair's ruling. If all else fails the membership can institute disciplinary proceedings against the board members who took this action (assuming the membership is actually going to have a meeting or meetings coming up to do this). Then of course, there's always the potential to pursue a legal remedy, but we can't discuss those things here. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 10, 2017 at 10:43 PM Report Share Posted October 10, 2017 at 10:43 PM If the membership sustains a blatantly wrong action like this on appeal (I'm assuming there's nothing else in the bylaws or relevant statutes that would muddy the waters) I'd quit the organization. If I had money invested, I'd take other actions. Quote Link to comment Share on other sites More sharing options...
Guest Layne Posted October 11, 2017 at 02:09 PM Report Share Posted October 11, 2017 at 02:09 PM Thanks guys. Quote Link to comment Share on other sites More sharing options...
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