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Found 71 results

  1. Guest

    Ms.

    If the by-laws do not prohibit it, may a member of the assembly nominate herself to a position on a separate entity that requires appointment of a member by the assembly? (The intent of this question is on the prospect of an individual nominating himself. Rules allow members of the appointing assembly to serve on the entity to which the appointment is being made.)
  2. I was at a recent state convention which was charged with sending delegates to a national convention. There was a nominating committee which selected a slate of delegate candidates to present to the full convention on the floor. They used an unusual procedure within the nominating committee. First, they asked members to make nominations. The Chairman recognized one particular member first, who made a lengthy list of nominations. Other members were then recognized who made more nominations. On the Chairman's authority, he decided to proceed as follows. The committee would have a vote on each delegate candidate in the order in which they were nominated. If any delegate candidate got more than a majority of votes, then that candidate would become part of the slate. It became very clear that the fix was in. The Chairman ran through the list of nominations presented by the first member. Most got a majority of votes. Once the slate was full, the Chairman ended the meeting and none of the other nominees were considered or voted upon. Many of the later nominees would also have gotten a majority, but they were never given a chance. Many people left angry. The parliamentarian declared that "Robert's Rules allows us to do it this way." I've run through my copy of RONR and can't find it. Did they cheat?
  3. I am working on a team developing rules for a convention that includes a nominating committee. The nominating committee will choose a slate of delegates to be elected to go to our organizations National Assembly. There are 9 slots available and the nominating committee will nominate members for all nine. In a normal year we would go through the motions of taking nominations form the floor and there would be few if any other nominees. This year due to internal issues, we are expecting multiple nominations from the floor. I would not be surprised if we had another 20 people nominated. I am at a loss as to how to make this an orderly process. How do we elect 9 out of 29? Our custom has been to only allow nominations by nominating committee and from the floor the day of the convention so we won't even know the names or number of nominees in advance. Your thoughts and advice would be greatly appreciated.
  4. Once someone has "accepted" a nomination for a board position, what is the correct procedure to later "decline" the nomination? Is it appropriate to later decline the nomination to a current board member or is it required for them to decline in person at board meeting?
  5. I understand that RONR allows one person to be nominated more than once. My question is whether one person can be elected to more than one position on a Board? Or does her being in one office prevent her serving in another office? Our bylaws are silent as to this, but they refer to RONR to fill any gaps ... ? Thank you for your help.
  6. Our Bylaws state that the nominating committee will select a slate of officers & board members and present to the membership no later than September 1 of each year. At the October meeting, our members can nominate additional members for any position, as long as the person nominated agrees in writing or by attending that meeting in person. The vote is then taken at the November meeting. This year there was an unfortunate situation that occurred on the date of the October meeting & no meeting was held. There was an individual who wants to nominate someone for a Board Member position, but we do not know how to handle this properly per Robert's Rules. Can someone help us with this, please?
  7. A little over a year ago, a slate of four officer candidates was put together and accepted by our nominating committee as the slate to be put before our assembly. The four candidates were duly elected. Nominations for each individual post from the floor are allowed. There were none. The four officers stood for re-election this year, were accepted by the nominating committee, and were reelected by acclamation. One of the officers, however, had unintentionally violated one of our term limit rules (we have two different term limit rules). When he discovered his error and before the first meeting of this year, he stepped down immediately. There is a movement, now, to declare the whole election invalid and remove the other three officers. It appears to me that, since anyone could have gone to the nominating committee and asked to be on the slate for any position and since anyone can be nominated from the floor for any position, this attempt to disqualify three officers because of the error of a fourth has no basis on which to proceed and should be ruled out of order. There are no unique local rules outside of the fact that there are two different term limit rules. Am I on firm ground?
  8. Can a member nominate him or herself for an elected position (Vice President)?
  9. When the bylaws specify that nominations are made by a Nominating Committee, does RONR (11th ed.) require the chair to call for nominations from the floor, even when the bylaws are silent on that particular option? It would appear so from p. 435, l. 9-12, “After the nominating committee has presented its report and before voting for the different offices takes place, the chair must call for further nominations from the floor.” However, under “Some Principles of Interpretation”, p. 589, l. 33-34, RONR states, “If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited.” In our case, our bylaws do authorize nominations by the Nominating Committee specifically. Therefore, one might conclude from RONR’s Principles of Interpretation that other forms of nominations (e.g. from the floor) are thereby prohibited. Also supporting this position is the fact that in RONR’s sample bylaws, p.585, l. 22-24, words are included specifically to permit nominations from the floor after nominations are made by a Nominating Committee. If such a call for nominations from the floor were already mandated by RONR, it would seem that words in the sample bylaws “permitting” such nominations are superfluous. Can anyone please offer a definitive answer to my original question in light of this possible ambiguity in RONR? Thanks. Tom
  10. Guest

    Accepting a Nomination

    Our bylaws state that nominations of officers and directors will be made at our March and April meetings, with the list of candidates to be announced at the April meeting following the close of nominations. If a member was nominated for office in March and declined the nomination, can he accept a nomination for the same position at the April meeting if he has changed his mind and is nominated by another member?
  11. Hello, I need some guidance as I cannot understand it myself from reading the information. I have 2 questions. 1. If someone was brought up to fill a position and required a 2/3 vote for nomination, which they did not get, are they eligible to be brought up in the future for nomination? I do not know if it is relevant or not, but many voting members were not able to be present for the vote and are upset that they did not get to vote. 2. When electing a pulpit committee, which is done by written vote by members listing names of 5-7 people, can the committee have 2 members from the same family, such as father and daughter?
  12. Can an individual nominate himself/herself for consideration as a "Presiding Officer" i.e. "Chair", "Vice Chair", "Secretary", etc.?
  13. Guest

    nominations

    In our November meeting we take nominations for positions. A member asked if he was allowed to accept a nomination with a hand written letter due to his anticipated absents from the meeting. I was under the impression that one needed to be present to accpet. Is this true/common practice?
  14. A member of our Nominating Committee, John Doe, who is also a nominee for Trustee position talked to a nominee of the same position, John Smith, who is not a member of the Nominating Committee. John Smith then changed his candidacy from Trustee to 1st Vice President leaving only one candidate for trustee, John Doe. I have brought this to the attention of the governing board as a Conflict of Interest. Do you agree this is a Conflict of Interest and if so what would the penalty be for such a ethics violation?
  15. Our HOA is having the annual meeting and sent out the required meeting notice with a proxy form, a ballot form, bios of all candidates who wanted to be on the nominee slate for the open BOD positions. Several weeks after the forms were sent out, 3 nominees rescinded their names for 3 of the 4 open the positions. Subsequently, 1 of those individuals changed their mind and said 'put me back on the nominee slate'. To complicate the scenario, a small group of members within the HOA have filed a lawsuit against the HOA members/BOD. One (of many) points of contention within the HOA has been the use of proxies and ballots for voting. It seems likely the 'nominee confusion' is an attempt to have nominations from the floor occur. The small group of disgruntled HOA members do not like the current board members, nor the current by-laws, nor many aspects of Roberts Rules of Order, nor several sections of NC Statutes and Codes - 47F North Carolina Planned Community Act. It's been a very contentious few years and the lawsuit is not resolved. The question is, how can any of the submitted proxy and/or ballot forms be used if the candidates to be considered for the open BOD positions have changed so frequently? Any suggestions?
  16. RR appears to assume that, even if there have been nominations by a committee, nominations will also be allowed from the floor. Can an organization's By-Laws disallow nominations from the floor?
  17. I am a member of a church council. Three of us are now ending our three years of service. Nominations for new council members are being made by the current members of the church council. The president has nominated his father-in-law and his mother-in-law (wife of the nominee) has been our church secretary for 20 years. Another member has nominated her cousin. Nepotism was challenged by another council member at which time the cousin removed her name from the ballot. The father-in-law refuses to do the same and will not recluse himself. Comments/suggestions are appreciated.
  18. Here is a clearer elaboration of a matter I had asked two years ago, about which my board remains confused. I believe it has confused "nominations by mail" with "nominations by committee, supplemented by nominations from the floor". Our bylaws specify a method of nomination only for our annual elections of officers and district positions, and are silent on methods to be utilized by the board in matters of nominations to external organizations, and committee positions that are the responsibility of the board to fill. Our bylaws do further provide that a committee called the "Nominating Committee" (emphasis on the quotations) may make recommendations to the board with respect to these positions, but leaving the board free to accept or deviate from such recommendations and to elect, or appoint, individuals other than those recommended by the committee. Our board has since adopted a policy (in the nature of a "standing rule") to advertise all such positions to the full membership, and requiring every member who desired to be considered to submit their self-nomination, along with information pertinent to the position, within the nomination window specified by the board. These are then forwarded to the "Nominating Committee" who can then take into consideration all applications and, from among them, make a non-binding recommendation to the board as to who it might best appoint. The board then entertains a motion to adopt the recommendations of the Nominating Committee en bloc, by unanimous consent, but in the case where two or more positions were recommended en bloc, to accept the intervening motion by any director to have one or more positions considered individually ("division"), and in the case where there is dissent from the recommendation of the Committee, to treat all members who had replied within the nomination-by-mail (fax, email) window as eligible to be elected, while providing that no nominations other than those received by the close of the nominations window shall be considered. I concur with those who believe the above in order, on the basis that in the case of members who had not bothered or managed to reply within the window, denying their late nomination is not a denial of an individual member's rights. Contrarian directors insist on an absolute right to nominate each other, when not themselves, "from the floor" and citing from RONR, 11th ed., pg. 435, lines 10-13: "After the nominating committee has presented its report and before voting for the different offices takes place, the chair must call for further nominations from the floor." I think they are confusing the present case – in which nominations have already been taken by mail – with the altogether-different scenario referred to above in RONR, wherein "NOMINATION BY COMMITTEE" is required to be supplemented by nominations from the floor. My questions: May the Board, having taken nominations by mail, resist having to accept nominations from the floor? If the Board's actual nominations policy requires nominations by mail to have been received by the stated deadline, may the directors who are present at a meeting of the board, in the absence of objection and even against objection, suspend their policy (rule) and decide – on the spur of the moment – to set it aside and capitulate to the nomination from the floor of anyone who should argue to deserve consideration? I am hoping that the answer to my question (1) is "yes" and that the answer to (2) to is "no". Does the forum agree? Thanks!
  19. Hi, This is my first post on this forum. I've been searching diligently for an answer to this for a while, unsuccessfully, and hoping this forum can help me finally get some clarity on this time sensitive matter: THE SHORT VERSION OF THE QUESTION: In an organization that votes by written ballot, and which makes zero mention of write-in candidates in their bylaws, is a member allowed to be elected via write-in on the ballot? Since I don't know which will be more helpful to people who can answer my question, here's...THE LONG VERSION: I'm involved with California a non-profit organization that ostensibly operates according to Roberts Rules (although, as a small group, the have a history of inconsistency in following them or striving to understand them when it's politically inconvenient to do so). They have an election upcoming for Board members in a few weeks. For the entire history of the organization (almost 20 years), the paid members of the organization have voted via written ballot. Currently, there are several incumbent candidates for re-election in uncontested positions. For one of those positions (Board President), another member missed the deadline (by one day) for his nomination to be received by the organization by mail (their deadline is the day of receipt, not the day of postmark) due to this winter's all-too frequent weather-based mail delays. Thus, he wishes to run against the incumbent President as a write-in candidate. In response, the Board president has asserted that the bylaws of the organization make no provision for write-in candidates, and thus they cannot and will not be recognized. Some of the other Board members have agreed; others (as well as regular organization members) have not, but in those cases have expressed ignorance about the rules in this matter, and thus have been hesitant in their opposition of the Presdent. Personally, I have been in the organization from its start, and I recall that historically there have been write-in candidates that have been recognized (although none got enough votes to win), but there are no records I can find (old minutes, etc.) which document this definitively. They are holding a board meeting in one week to vote on a policy for write-in candidates, both determining the outcome of this pending election and setting future policy and precedent. Not only does this seem problematic for the integrity of the current election, but I also worry on a more philosophical and long-term level about finally putting into hard-coded rule a vote made by a Board that is demonstrating no diligence in determining past practice or even larger precedence and opinions from other organizations, regulations, or Robert's Rules. Almost 20 years of data will then get ignored going forward as well in deference to the upcoming ruling, which will probably have no integrity of its own due to such lack of diligence. It's my strong sense that the ruling on this is self-evident, that write-ins should be allowed in absence of an existing bylaw or policy. I'm also concerned about a vote on this policy done by Board members that are also running in uncontested positions -- that seems like a clear-cut conflict of interest. I have searched the web for weeks, and all I can find is constant references in discussions of Robert's Rules to the use of write-in candidates; and then 2 secondary sources (Dummy's Guide to RR, and a forum about procedure that claims to be stating the official RR stance on write-ins), which both state that write-ins must be accepted when the votes are taken by written ballot. However, the only texts I could find on search of RR made no explicit direct mention of write-ins; and the only other references to write-ins within RR sources do what all other web references have done -- make mention of them all the time as if they are a given, without express declaration of whether or not they must be accepted. It seems to me if this is just a cut and dry issue to folks like you who have much more experience and wisdom regarding RR, it would cut through all the fog and obstacles of history, baggage, political charge, poor record keeping, etc. So...if anyone knows the answer -- or at least can point me in the right direction -- I would really appreciate it (as would a lot of other people)! Thanks!
  20. Guest

    Nominations

    At recent annual HOA meeting president nominated his wife for a candidate on the board. She was not present and could not state if she accepted nomination or not. Was this procedure flawed? What is the remedy?
  21. Guest

    Officer elections

    When nominations are in progress, is it proper procedure to ask nominees if they are willing to let their names stand for election or should the Chair wait until nominations are closed? Our group's past practice is to accept nominations at one meeting, then table them and continue at the next meeting where the election takes place. If a candidate declines nomination at the first meeting, can they accept nomination at the second meeting or are they out of the running? I have a copy of RONR but am unable to find anything that relates to my questions.
  22. A slate of nominees was presented to the full membership for approval. What vote is required to approve the ballot? A simple majority or a 2/3 majority?
  23. Our Bylaws allow for the election of between 12-21 directorsOnly 17 were elected at the last AGM, the number included in the nominating committee's report Question: If the same or similar situation were to arise at the next AGM, would the general membership, by additional nominations from the floor, nonetheless be able to elect the maximum number of directors allowed?
  24. The name of an ex officio member of my association's Nominating Committee has been submitted to the committee for consideration for an office outside the association (the association elects some members of that outside, but related board). Our bylaws state: Ex officio members may attend and participate in meetings of the Alumni Council and its committees, but they shall not vote nor be counted toward a quorum.During their appointed terms on that committee, members of the Nominating Committee may not be nominated for any office being nominated by said committee, nor may they be nominated for any office by any member of the Nominating Committee in open nominations.Does the second bullet apply to ex officio members, or can they still be nominated for office?
  25. When electing a committee, can a member who is not present at the meeting of elections be nominated and elected or do they have to be there to accept the nomination. If they can be elected without being present, could you tell me where specifically I can find where it says that? If they can't can you still tell me where it says that? Thank You.
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