Guest RONR_Newbie Posted March 11, 2011 at 01:51 PM Report Share Posted March 11, 2011 at 01:51 PM We anticipate that our General Membership meeting will not have a 51% majority present (our current standard to do business). Since this is the meeting where we hold elections, what happens? We only hold one meeting a year. Most positions only have one candidate anyway (only one has two), so the questions become 1)Can the Board accept the slate of nominees as the new Board without an election (as it would only be a formality anyway) and 2)What happens in the position that has two candidates? Is the prior officer required to continue if there is no language to say otherwise (i.e. Until another person is elected...)? Help! Link to comment Share on other sites More sharing options...
tctheatc Posted March 11, 2011 at 05:11 PM Report Share Posted March 11, 2011 at 05:11 PM If your bylaws say 51% is a quorum (an odd thing, are you sure??), then that's what you need to do business. You should consider changing your bylaws if that is indeed the case.Do your bylaws say that elections are to be held at the annual meeting? Or is it a custom? Depending on what your bylaws say, maybe there's a way to accomplish the election through mail in votes, for example. Link to comment Share on other sites More sharing options...
Tim Wynn Posted March 11, 2011 at 07:25 PM Report Share Posted March 11, 2011 at 07:25 PM We anticipate that our General Membership meeting will not have a 51% majority present (our current standard to do business). Since this is the meeting where we hold elections, what happens?If you have no quorum, not much happens. Without a quorum, you can fix the time for an adjourned meeting where you can take a second shot at getting a quorum; you can adjourn the meeting; you can take a recess; and you can take steps to obtain a quorum. Outside of that, nothing can be done. You can't hold an election. Your best bet is to find a way to get a quorum to show up... then amend the bylaws to lower the quorum requirement. We only hold one meeting a year. Most positions only have one candidate anyway (only one has two), so the questions become 1)Can the Board accept the slate of nominees as the new Board without an election (as it would only be a formality anyway)This could only be done if the bylaws give the board that authority. and 2)What happens in the position that has two candidates? Is the prior officer required to continue if there is no language to say otherwise (i.e. Until another person is elected...)? Help!If the the bylaws say that the officer serves for a fixed term, with no provision for staying in office beyond that term, the office becomes vacant when the time is up. If this is the case for your officer positions, check the bylaws to see who fills a vacancy in those offices. Perhaps this power is prescribed to the board. That could bail you out of this mess. Link to comment Share on other sites More sharing options...
Matt Schafer Posted March 12, 2011 at 12:16 AM Report Share Posted March 12, 2011 at 12:16 AM If the the bylaws say that the officer serves for a fixed term, with no provision for staying in office beyond that term, the office becomes vacant when the time is up. If this is the case for your officer positions, check the bylaws to see who fills a vacancy in those offices. Perhaps this power is prescribed to the board. That could bail you out of this mess.If an officer's term has expired, and the bylaws don't state that the officer will continue in office until his successor takes office, then I don't think a provision for filling vacancies applies. The only way to fill that office again is to have an election. Link to comment Share on other sites More sharing options...
Tim Wynn Posted March 12, 2011 at 04:01 PM Report Share Posted March 12, 2011 at 04:01 PM If an officer's term has expired, and the bylaws don't state that the officer will continue in office until his successor takes office, then I don't think a provision for filling vacancies applies. The only way to fill that office again is to have an election.It would depend on the wording of the bylaws. Link to comment Share on other sites More sharing options...
Josh Martin Posted March 12, 2011 at 08:04 PM Report Share Posted March 12, 2011 at 08:04 PM It would depend on the wording of the bylaws.Well, unless there is some very unusual wording in the Bylaws, I concur with Mr. Schafer. An incomplete election is not a vacancy. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 12, 2011 at 08:16 PM Report Share Posted March 12, 2011 at 08:16 PM Well, unless there is some very unusual wording in the Bylaws, I concur with Mr. Schafer. An incomplete election is not a vacancy.If the term of office is "X years" (without the and/or qualification), if no officer is elected before the meeting adjourns, that would be an incomplete election, I'd think. But what if at the election meeting there is no quorum, and thus no election, and thus the office goes .... I'll use the word un-filled here, is it now a vacancy since there was no election to be incomplete? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 12, 2011 at 08:21 PM Report Share Posted March 12, 2011 at 08:21 PM But what if at the election meeting there is no quorum, and thus no election, and thus the office goes .... I'll use the word un-filled here, is it now a vacancy since there was no election to be incomplete?Then the election is unfinished business. Link to comment Share on other sites More sharing options...
hmtcastle Posted March 12, 2011 at 08:29 PM Report Share Posted March 12, 2011 at 08:29 PM is it now a vacancy since there was no election to be incomplete?No. Procedures for filling mid-term vacancies do not depend on holding an election, they depend on the term being unexpired. Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 12, 2011 at 08:29 PM Report Share Posted March 12, 2011 at 08:29 PM Then the election is unfinished business.Since it never really "started", would it be a General Order, or possibly a Special Order, or is it just the garden variety of Unfinished Business? Link to comment Share on other sites More sharing options...
Josh Martin Posted March 12, 2011 at 08:37 PM Report Share Posted March 12, 2011 at 08:37 PM But what if at the election meeting there is no quorum, and thus no election, and thus the office goes .... I'll use the word un-filled here, is it now a vacancy since there was no election to be incomplete?It would not be a vacancy.Then the election is unfinished business.No, unfinished Special Orders remain Special Orders. (RONR, 10th ed., pg. 345, lines 25-31) This assumes, of course, that the assembly is wise enough to set an adjourned meeting. The assembly only meets annually, so if it neglects to do so, a special meeting will be required to hold the election.Since it never really "started", would it be a General Order, or possibly a Special Order, or is it just the garden variety of Unfinished Business?It would be a Special Order. Link to comment Share on other sites More sharing options...
Tim Wynn Posted March 12, 2011 at 09:05 PM Report Share Posted March 12, 2011 at 09:05 PM Well, unless there is some very unusual wording in the Bylaws, I concur with Mr. Schafer. An incomplete election is not a vacancy.Mr. Schafer's point is well taken. An expired term does not create a vacancy. As for very unusual wording, I'd say that's a guarantee in bylaws that feature a quorum of "51% majority present," and fixed terms with no provisions for the continued services of officers. Link to comment Share on other sites More sharing options...
hmtcastle Posted March 12, 2011 at 09:10 PM Report Share Posted March 12, 2011 at 09:10 PM An expired term does not create a vacancy.Well, let's not get too hung up on nomenclature. An expired term, with no election, may indeed result in a vacancy. Just not a vacancy that can be filled by mid-term vacancy-filling procedures. It's a vacancy that's filled by an election. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 12, 2011 at 09:47 PM Report Share Posted March 12, 2011 at 09:47 PM Since it never really "started", would it be a General Order, or possibly a Special Order, or is it just the garden variety of Unfinished Business?Yes, you're right, it never would have been pending. I'd have to say Special Order. Link to comment Share on other sites More sharing options...
Guest Guy Sillings Posted March 30, 2011 at 04:05 PM Report Share Posted March 30, 2011 at 04:05 PM By laws state a slate of candidates be picked in November and elections held in January. The ball was dropped in both cases. Can a Special Meeting be called to nominate and elect new officers at any time? Link to comment Share on other sites More sharing options...
Josh Martin Posted March 30, 2011 at 08:17 PM Report Share Posted March 30, 2011 at 08:17 PM Can a Special Meeting be called to nominate and elect new officers at any time?Since the assembly failed to provide for an adjourned meeting to complete the election, the election should be completed at the next regular meeting, or a special meeting should be called for this purpose if the next regular meeting is too far away, in accordance with the procedures in the Bylaws for calling a special meeting. In either case, the assembly can hold both the nominations and elections at the same meeting. Link to comment Share on other sites More sharing options...
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