Officer Eligibility Nominations

[JorgieHts]

Our nomination committee is to present a slate of candidates for the various officer positions up for election this year at the October regular meeting. Voting for officers takes place in November. Per our bylaws, there are eligibility requirements for all officer positions.  

We are an organization with a small number of members and currently have four members who meet the eligibility requirement for the five open positions. Only three of the four are interested in running for office. Our bylaws do not contain any provision to address such a situation.

Also, per our bylaws, the bylaws committee as part of the annual review, has presented and read all proposed amendments at two regular meetings. Voting on the proposed bylaws amendments occur at the October meeting.  

1) Can an amendment to the bylaws to change the eligibility requirements be presented prior to voting on the bylaws, even though it will not have been read at two regular meetings?

2) Can the president appoint a member to fill the positions with no nominated candidate? Specifically, can the president appoint an ineligible candidate? Or can a current officer be appointed, essentially holding two offices? (Our bylaws do not contain any provision that precludes an individual from holding more than one office).

[Tom Coronite]

If you are asking if you can disregard a provision in your bylaws requiring something to happen before a bylaws amendment can be considered, the answer is probably no.

If you are asking if the president can disregard provisions in your bylaws requiring elections by the membership and/or qualifications for office, the answer is probably no.

[Dan Honemann]

7 minutes ago, JorgieHts said:

Our nomination committee is to present a slate of candidates for the various officer positions up for election this year at the October regular meeting. Voting for officers takes place in November. Per our bylaws, there are eligibility requirements for all officer positions.  

We are an organization with a small number of members and currently have four members who meet the eligibility requirement for the five open positions. Only three of the four are interested in running for office. Our bylaws do not contain any provision to address such a situation.

Also, per our bylaws, the bylaws committee as part of the annual review, has presented and read all proposed amendments at two regular meetings. Voting on the proposed bylaws amendments occur at the October meeting.  

1) Can an amendment to the bylaws to change the eligibility requirements be presented prior to voting on the bylaws, even though it will not have been read at two regular meetings?

2) Can the president appoint a member to fill the positions with no nominated candidate? Specifically, can the president appoint an ineligible candidate? Or can a current officer be appointed, essentially holding two offices? (Our bylaws do not contain any provision that precludes an individual from holding more than one office).

The previous notice requirement in your bylaws with respect to their amendment must be complied with.

Your president has only such powers as are conferred upon him by your bylaws.

Nothing in RONR precludes an individual from holding more than one office, although it would ordinarily not be feasible for an individual to hold both the office of president and the office of vice-president at the same time. 

 

[Guest Who's Coming to Dinner]

The President can fill a vacancy only if your bylaws give her or him that power. However, failure to elect does not constitute a vacancy in office; the duty remains with the assembly to pick someone. Therefore, you are stuck with two open positions until the December meeting, unless (a) your bylaws say officers serve "until their successors are elected" and they are willing to continue, or (b) you elect two of your candidates to more than one office.

[Josh Martin]

6 hours ago, JorgieHts said:

1) Can an amendment to the bylaws to change the eligibility requirements be presented prior to voting on the bylaws, even though it will not have been read at two regular meetings?

No.

6 hours ago, JorgieHts said:

2) Can the president appoint a member to fill the positions with no nominated candidate?

Only if your bylaws authorize the President to do so.

6 hours ago, JorgieHts said:

Specifically, can the president appoint an ineligible candidate?

No.

6 hours ago, JorgieHts said:

Or can a current officer be appointed, essentially holding two offices? (Our bylaws do not contain any provision that precludes an individual from holding more than one office).

It’s not clear that the President has the authority to appoint anyone, but assuming he does, this is an option. Alternately, the assembly can elect someone to two positions.

1 hour ago, Guest Who's Coming to Dinner said:

The President can fill a vacancy only if your bylaws give her or him that power. However, failure to elect does not constitute a vacancy in office; the duty remains with the assembly to pick someone. Therefore, you are stuck with two open positions until the December meeting, unless (a) your bylaws say officers serve "until their successors are elected" and they are willing to continue, or (b) you elect two of your candidates to more than one office.

If there is no one in a position, then that would seem to be a vacancy. In my opinion, if an incomplete election results in a vacancy, then the vacancy may be filled through the procedures in the bylaws, however, this appointment only remains effective until the election can be completed.

Edited October 14, 2017 at 07:16 PM by Josh Martin