Matt H

Thank you all for the comments, I appreciate the help.

Not sure if it helps but here is the section of our bylaws that speaks on nominations: 5.03.c - At the September meeting each year, the President shall charge the Secretary to examine the membership roll and determine who is eligible and qualified to serve as elected officers of the Department and who are eligible to vote. The complete roster of eligible members shall be posted and reported to the Department at the October Regular meeting and shall lay on the table until the close of the November Regular Meeting. 5.03.d - The roster of eligible candidates reported by the Secretary shall be the sole source of nominees. Nominations shall be made from the floor at the October Regular meeting and closed at the November Regular meeting. A complete and final list of nominees for all offices shall be posted and a vote shall take place at the annual election meeting 5.03.e - Balloting and election of officers shall take place at the regular business meeting in December of each year. 5.03.f - All voting for elected offices of the Department shall be by written ballot. Elections shall be by a simple majority vote of those present in person and eligible to vote.

Our Bylaws state that nomination for an election open in October, close in November and we vote for the elected position in December. At the close of the November meeting we did not have anyone nominated for a Fire Chief. At the December meeting we had a group of members make a motion (it passed) to reopen nominations to allow only one person to be nominated (after they had closed in November) and voted on the ballet for Fire Chief that is not qualified. This person was elected as Fire Chief of the department, even though they did not meet the qualifications. Our Bylaws dictate that the sole source of Nominations come from the eligibility lists that are created. Would saying that nominations closed in November count as not allowing them to be reopen? So could the Point of Order be made because of the reopening of nominations at the December meeting, after the bylaws dictate that they close at the November meeting? Does Roberts Rules of Order say how to remove someone from office or would it have to be in our Bylaws? Is the 2/3 to say that a bylaw can be over ruled on? Would write in votes be allowed even after our nominations have already closed? Does our Bylaws have to specify that write in votes are not allowed? Thank you for the help, hopefully I made it a little more clear

I volunteer with a Fire Department in Montgomery County MD and we had an issue at a recent meeting. At our December meeting we hold elections, the bylaws state that nominations will open in October and close in November. We had someone that was nominated in October but in November it was determined that they didn't meet the qualifications for the position. The December meeting came and in the middle of elections a member made a motion to hold the election, even though nominations were closed, the motion passed and the elections took place. My belief is that this violated the bylaws as nominations can't take place in December as defined by the bylaws, can the membership make a motion like this? At the January membership meeting a motion was made to reconsider the motion and then rescind the motion. Would this be the proper way to do it or can you just rescind the motion? If I read it correctly if it happens at the meeting it must obtain a 2/3's majority vote, but if it is posted before hand it only requires a majority vote. Thank you for any help or advise Matt

Thank you