Guest Guest_big_dogs Posted July 25, 2011 at 02:20 PM Report Share Posted July 25, 2011 at 02:20 PM This club is an unincorporated association formed in Iowa. Iowa has no statutory requirements for an unincorporated association. The BOD did not establish a Nominating Committee in January, as provided for in the Constitution, and since it did not establish a Nominating Committee the membership was not notified by the March 15th deadline of the Nominating Committee's nominees and provided the opportunity to make nominations. Therefore an election has not occurred for 2011.The officers and directors are elected for two year terms and shall serve until their successors are elected. The President, Vice-President and 2 directors shall be elected for a term of two years at the Annual Election held in even numbered years. The Secretary, Treasurer and one director shall be elected for a term of two years in the odd numbered years.Those elected are declared elected at the annual meeting.An annual meeting has not been held for 2011 and there is no prescribed time when it must be held.The questions are: Are there any provision in Robert's Rules that clarifies what steps the BOD should now take to accomplish a 2011 election? Can the Board make a late appointment of a nominating committee and extend the deadlines for sending notice of a nominated slate to the membership?Can the Board continue to act until such time an election is accomplished? Link to comment Share on other sites More sharing options...
Robert B Fish Posted July 25, 2011 at 02:53 PM Report Share Posted July 25, 2011 at 02:53 PM The board need to hold the elections promptly. Obviously it's impossible to meet the January and March deadlines now, as those dates have passed. As a minimum, the membership should, in some way, express its strong disapproval of the way the current officers handled the situation.-Bob Link to comment Share on other sites More sharing options...
Guest Guest_big_dogs Posted July 25, 2011 at 07:42 PM Report Share Posted July 25, 2011 at 07:42 PM Thank you Bob and yes, I agree the membership should express their disapproval. This was very bad form!In order to get the club back on track, is there anything which would prevent the Board from moving forward at this time so that the open positions may be filled for the remainder of the fiscal year?May the officers and director whose two year terms have expired continue to serve until an election is held since it states they should continue to serve until their successors are elected? Link to comment Share on other sites More sharing options...
Sean Hunt Posted July 25, 2011 at 10:19 PM Report Share Posted July 25, 2011 at 10:19 PM In order to get the club back on track, is there anything which would prevent the Board from moving forward at this time so that the open positions may be filled for the remainder of the fiscal year?If your bylaws do not prohibit nominations from the floor, they can call the annual meeting and provide notice of the elections, and then nominations can be taken from the floor, without a Nominating Committee.May the officers and director whose two year terms have expired continue to serve until an election is held since it states they should continue to serve until their successors are elected?Yes. Their terms have yet to fully expire. Link to comment Share on other sites More sharing options...
Guest quest_big_dogs Posted July 26, 2011 at 01:57 PM Report Share Posted July 26, 2011 at 01:57 PM If your bylaws do not prohibit nominations from the floor, they can call the annual meeting and provide notice of the elections, and then nominations can be taken from the floor, without a Nominating Committee.Constitution provides:Nominations cannot be made at the Annual Meeting or in any manner other than as provided in this Section.Can the Board move forward with an untimely election? Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted July 26, 2011 at 11:54 PM Report Share Posted July 26, 2011 at 11:54 PM Constitution provides:Nominations cannot be made at the Annual Meeting or in any manner other than as provided in this Section.Can the Board move forward with an untimely election?Yes.Technically, you do NOT need any nominations at all, to hold an election.It'd be nice, sure.But if you were to drop the nominations phase, that little factoid does not prevent voters from voting (that is, from filling out X's and O's on their ballot). • Voters CAN vote for people who were never nominated. • People who were never nominated CAN win an election. Link to comment Share on other sites More sharing options...
Sean Hunt Posted July 26, 2011 at 11:56 PM Report Share Posted July 26, 2011 at 11:56 PM But if you were to drop the nominations phase, that little factoid does not prevent voters from voting (that is, from filling out X's and O's on their ballot).Surely you mean writing out the name of the candidate that they prefer? Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted July 27, 2011 at 12:05 AM Report Share Posted July 27, 2011 at 12:05 AM Surely you mean writing out the name of the candidate that they prefer?Yes.Or by taking the entire roster, and crossing out all names, except for circling the names the voter wishes to vote for.It does not have to be a pre-printed ballot.A blank sheet of paper is just as good as a pre-printed ballot.Any symbol is satisfactory, if the tellers committee can tell apart one symbol per person vs. another symbol for another person. Link to comment Share on other sites More sharing options...
Josh Martin Posted July 27, 2011 at 12:58 AM Report Share Posted July 27, 2011 at 12:58 AM Constitution provides:Nominations cannot be made at the Annual Meeting or in any manner other than as provided in this Section.Can the Board move forward with an untimely election?Possibly. Does the Constitution say anything about write-in votes? If not, they are permitted, so you could forego nominations entirely and conduct an election with just write-in votes. Link to comment Share on other sites More sharing options...
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