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Term Limits when Bylaws are Silent


LanceEvans

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  • 4 weeks later...

Our bylaws state "All officers shall serve for two-year terms." A controversy has arisen as to whether the officers are limited to one 2 year term or if they can serve multiple terms that are 2 years in length. Any thoughts?

We have term limits set out in our laws of 5 consecutive two year terms. If the board has never filled all positions on the board can the bylaws be set aside to determine who is eligible?

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If the board has never filled all positions on the board can the bylaws be set aside...

Almost certainly not. Some bylaws can perhaps be suspended (for the duration of a single session) if they are in the nature of a rule of order, but the safe bet is to assume they can't.

.... to determine who is eligible?

This question is murky. How would setting the bylaws aside determine who is eligible (to hold office, I assume)? Do you mean the bylaws define eligibility to hold office and you have some person(s) who are not eligible but would serve if they were, and you think setting aside the bylaws could make them eligible? Please elaborate.

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