motion to elect officer

[Guest Ernie F]

At a recent meeting of a local governmental entity, the retiring president and chairman of the board, immediately after administering the oath of office to the newly elected board members, made a motion to elect one of the duly elected and serving board members as the new president and chairman of the board. The "motion" was immediately seconded by one of the duly elected and serving board members and unanimously approved by a voice vote of all duly elected and serving board members. Is the election valid?

[Chris Harrison]

Yes, assuming that the Board is authorized to elect the Chairman and President and this person meets any qualifications for office as spelled out in the bylaws.

[hmtcastle]

At a recent meeting of a local governmental entity, the retiring president and chairman of the board, immediately after administering the oath of office to the newly elected board members, made a motion to elect one of the duly elected and serving board members as the new president and chairman of the board. The "motion" was immediately seconded by one of the duly elected and serving board members and unanimously approved by a voice vote of all duly elected and serving board members. Is the election valid?

Why wouldn't it be? Even if the retired president was no longer a member of the board when he made the motion, it's too late to complain about it now.

[jstackpo]

Probably not, since notice is required for elections.

But, since no point of order was raised at the time, it is valid and over.

You may have special election rules in your "entity" - check them carefully. Including, possibly, "waiver of notice" rules which RONR doesn't deal with at all.

[hmtcastle]

Probably not, since notice is required for elections.

Though if this is the annual election of officers by the board, following the election of board members by the general membership, and if both take place at annual meetings defined in the bylaws, I think that's notice enough.

[Kim Goldsworthy]

... made a motion to elect one of the duly elected and serving board members as the new president and chairman of the board.

... and unanimously approved by a voice vote of all duly elected and serving board members.

Is the election valid?

Q. Was notice given?

You cannot elect officers without notice.

If notice was not given, then the election was null and void, since a violation of notice creates a continuing breach.

If notice was given, then the questions turn on the issue of a secret ballot.

If a ballot vote is required per your bylaws, then the election is null and void, since a voice vote violates the sanctity of the secret ballot.

If no ballot vote is required per your bylaws, then there is no violation of any rule of Robert's Rules of Order to appoint a president by voice vote.

So, to quote the movie "Trixie" (2000): "The ball is in your camp."

You have homework to do. You must verify whether notice was given and whether the bylaws demand a ballot vote.

[Guest Guest Ernie F.]

Q. Was notice given?

You cannot elect officers without notice.

If notice was not given, then the election was null and void, since a violation of notice creates a continuing breach.

If notice was given, then the questions turn on the issue of a secret ballot.

If a ballot vote is required per your bylaws, then the election is null and void, since a voice vote violates the sanctity of the secret ballot.

If no ballot vote is required per your bylaws, then there is no violation of any rule of Robert's Rules of Order to appoint a president by voice vote.

So, to quote the movie "Trixie" (2000): "The ball is in your camp."

You have homework to do. You must verify whether notice was given and whether the bylaws demand a ballot vote.

[Guest Guest Ernie F.]

Notice is not an issue. The only issue is whether the election of a Board member as Chairman of the Board and president of the entity is valid, based on a motion by a retired Board member (who is not legally authorized to act as a Board member), which motion is seconded by a serving director, and unanimously approved by all serving directors.

[J. J.]

Notice is not an issue. The only issue is whether the election of a Board member as Chairman of the Board and president of the entity is valid, based on a motion by a retired Board member (who is not legally authorized to act as a Board member), which motion is seconded by a serving director, and unanimously approved by all serving directors.

It is in order. A nomination, in RONRis said to be, "in effect, a proposal to fill the blank in an assumed motion 'that _____ be elected,' to a specific position (p. 416)." In this case, the motion was not assumed, but made and stated.

The assembly did more than it had to, but it clear violated no rule in that regard.

[hmtcastle]

The only issue is whether the election of a Board member as Chairman of the Board and president of the entity is valid, based on a motion by a retired Board member (who is not legally authorized to act as a Board member) . . .

As previously stated, even if the retired president was no longer a member of the board when he made the motion, it's too late to raise a point of order.

[Kim Goldsworthy]

The only issue is whether the election of a Board member as Chairman of the Board and president of the entity is valid, based on a motion by a retired Board member (who is not legally authorized to act as a Board member), which motion is seconded by a serving director, and unanimously approved by all serving directors.

Good news!

A motion, once adopted, isn't un-done just because of the SOURCE of the motion.

While the "retired" (former?) board member had no right to make motions, once the body entertains that motion (e.g., the chair states the motion, or debate begins on the motion, or there is no timely point of order raised before those two things), then the adopted motion stands.

Here, with a unanimous vote, too, the election stands.

[Guest Guest Ernie F.]

Thanks for all of your help.