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Found 8 results

  1. Our 501c3's new (first) Bylaws state that a mid year vacancy in the Executive Committee (made up of four officers) "shall be filled by the Executive Committee with the approval of the school's administration". The current three officers elected a fourth officer, with a 2-1 vote. However, the school administration (principal) is now requiring that the office be filled by a unanimous vote, and will accept/approve the same, or any other candidate, as long as the current three officers all vote in favor of the candidate. Can administrative approval impose a requirement that does not align with voting within Robert's Rules? (The 501c3 is a PTO of a public middle school.) (Don't even get me started on the additional inappropriate administrative powers that were also included in the Bylaws...) Thanks very much!
  2. I am in an organization which had an elected officer resign. Our Bylaws state that "All officers are elected by ballot, except the Parliamentarian who shall be appointed by the President." Our outgoing President accepted the resignations of two elected officers and appointed their replacements before she left office. A couple of the members raised a point of order as this is a violation of our documents. The President responded that since our organization documents say that "The Election of officers shall be held at the November meeting of each year. The following offices shall be filled in the same period and in the alternate year, the following offices shall be filled " The President has taken the position that officers can only be elected once a year and as such, that she can appoint individuals to serve the resigning officer positions for full terms (one person had just been elected, but not installed in the job; the other resigned mid-term). Several members have stated that the provision she cites only deals with the election of officers for scheduled vacancies. Since the Bylaws are clear - ALL officers are to be elected by ballot, they argue that the "appointment right" is moot and that the President should only deal with WHEN the election will be held. The Bylaws are silent as to when the election should be held and she is saying that it must be in November based upon the Bylaws provision. Robert's Rules for Dummies suggests that it should be at the next regular meeting of the members. Also, Robert's Rules itself would suggest that vacancies can be filled at regular meetings in the footnote on page 654 (11th edition) which talks about coordinating a resignation with the notice to elect the replacement at the next meeting to avoid any break in service. MY QUESTION is whether there is anything more substantial that supports the contention that the right of the members to vote to elect their elected officers cannot be taken away and that the vote should be at the next meeting of the members (or at a special meeting).
  3. The bylaws of an organization I am a member of specifies the term of office for our Trustees (Directors) is 3 years. There are no bylaw limitations specified as to whether a Trustee can serve more than one consecutive term. RONR page 448 states (The bylaws may contain a provision that "No person shall be eligible to serve _______ consecutive terms in the same office."). This seems to indicate a Trustee could serve more than one term even though the bylaws do not address a limitation. As our bylaws do not declare a maximum number of terms, Is it appropriate for a Trustee to be elected to more than one term? In addition, if a member is elected to serve out the remaining term (one year of three year term), of a resigned Trustee and without a bylaw to address a maximum number of terms, is it appropriate for the member to be elected to a complete term? Thank you, Jim Anderson
  4. When the President in our non-profit religious organization can only hold office for three consecutive terms. At the end of the third term, he/she automatically becomes the Immediate Past President. This position is an advisory position to the new President. Can the person who becomes the IPP run for and hold a separate elected position? There is nothing in our By-Laws stating a person cannot. Thank you for your guidance. Debbie
  5. Small, non-profit board has a president who wishes to remove the Registrar and confusion exists. In Const/Bylaws, Article-Board of Directors, enumerates that there are seven board members duly elected for two year terms. The President is selected by the membership. The VP, Secretary, and Treasurer are selected by the Board of Directors. The person with the highest number of votes who is not chosen for the board is an alternate director. The alternate director explicitly cannot vote. In later section of the Article, it lists the duties of the officers, but includes a FIFTH person, the Registrar. It notes that the Registrar is selected by the Board, just like the VP/Sec/Treas, but the Registrar is not required to be a board director. If not a board member, then "If a member appointed, the Registrar shall have no rights of an elected director and shall be considered an "Advisor to the Board of Directors."" Removal of "Officers" is covered under the Disciplinary Article, but the question of the board is whether the current Registrar, who is NOT a current Director (she is the Alternate Director) can be removed by a vote of the Board, or whether the disciplinary procedures must be followed. The confusion arises because the section listing the Officers does not include the Registrar, yet the section listing the duties of Officers does. Clarifying this ambiguity is on my list of proposed amendments next June, but what is the proper procedure today? I am the Parliamentarian chosen by the board to attend meetings and offer advice. I am not a Director. I informed the President that I felt that removal of the Registar would require that he follow Disciplinary Procedures and not just a 2/3 vote of the board. Thank you for your input.
  6. Hello, I am currently involved in a club called DECA within my high school. DECA is a co-curricular club and does require class participation. However, my advisor is now making it a requirement for seniors who want to be an officer to take not only the DECA class they are currently taking, but an additional Business Ownership course. This is not mentioned in the bylaws nor has it ever been brought up previously. Does this go against any rules in Robert's Rules of Order? I am currently speaking with administration to have this requirement be repealed, as my schedule is currently booked next year with 4 AP courses and an already selected DECA class.
  7. Hello, I am currently involved in a club called DECA within my high school. DECA is a co-curricular club and does require class participation. However, my advisor is now making it a requirement for seniors who want to be an officer to take not only the DECA class they are currently taking, but an additional Business Ownership course. This is not mentioned in the bylaws nor has it ever been brought up previously. Does this go against any rules in Robert's Rules of Order? I am currently speaking with administration to have this requirement be repealed, as my schedule is currently booked next year with 4 AP courses and an already selected DECA class.
  8. I am te president of an organization. Our Vice President (we only have 1 VP) has resigned. Our bylaws require that the President can fill a vacancy by appointment with the approval of BOD. The bylaws does not address the naming of interim officers. I would like to name an interim VP. Must an interim VP have BOD approval.
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