Need advice.

[Guest Jeff]

Our bylaws State that the President serves for one year. Due to the fact our Treasurer was keeping poor books, which at the time showed the president WAS IN GOOD standing, we had a meeting and all voted. The vote was a 4/4 tie not including the president.. The president then cast a tie breaking vote. Twenty Six days later (after a contract had been executed because of the vote) it was brought to the attention that durning the time of the tie breaking vote the president was 60 days out of good standing because of late payment of dues(keep in mind bylaws say president served for one year).

Now after the president found out he was past due he immediatly paid his dues.

How would you rule on this?

1. Was he eligible to cast the tie breaking vote at the time?

2. Since a contract was carried out and everbody assumed at the vote he was the president, does it stand.

3.When president paid his dues was he then again the president, or did he never quit being the president.

[jstackpo]

1, 2, & 3, never quit: All "yes".

Non payment of dues doe NOT deprive someone of their membership rights -- p. 571-2.

How do you, your bylaws, define "good standing"? Here's what RONR says...

In Good Standing:

RONR/11 defines the term "member in good standing" on p. 6 in the footnote as referring to a member whose membership rights are not in suspension, either as a consequence of disciplinary proceedings (Chapter XX) or by operation of some specific provision in the bylaws of the organization.

So if you use the phrase "in good standing" in the bylaws, be sure to define exactly what you mean: what causes a member not to be in good standing, what he has to do to get back into the good graces of the association, &c. Also, you should specify which membership rights, duties, privileges, &c. are lost or suspended (or retained) by a member as a consequence of his being in "bad standing" as distinct from his being in good standing or ceasing to be a member at all.

[Tim Wynn]

Our bylaws State that the President serves for one year. Due to the fact our Treasurer was keeping poor books, which at the time showed the president WAS IN GOOD standing, we had a meeting and all voted. The vote was a 4/4 tie not including the president.. The president then cast a tie breaking vote. Twenty Six days later (after a contract had been executed because of the vote) it was brought to the attention that durning the time of the tie breaking vote the president was 60 days out of good standing because of late payment of dues(keep in mind bylaws say president served for one year).

Now after the president found out he was past due he immediatly paid his dues.

How would you rule on this?

1. Was he eligible to cast the tie breaking vote at the time?

2. Since a contract was carried out and everbody assumed at the vote he was the president, does it stand.

3.When president paid his dues was he then again the president, or did he never quit being the president.

1. There is no rule in RONR that an officer must be a member or must have paid dues. If he was a member, he was eligible; if not, he wasn't.

2. No, if the motion was adopted by the deciding vote of a nonmember, it is never too late to raise a point of order, and the result of the vote must be declared invalid if the point of order is sustained. SEE ANSWERS 1 AND 3,THOUGH.

3. Even if there is a requirement that only members are eligible to serve as president, a member in arrears in payment of his dues retains full rights except as the bylaws may otherwise provide.

[David A Foulkes]

Our bylaws State that the President serves for one year.

So, at the time this vote was taken, had his year passed? He may not have been president, depending on the exact language for term of office in your bylaws.

[Guest Edgar]

So, at the time this vote was taken, had his year passed? He may not have been president, depending on the exact language for term of office in your bylaws.

I saw the reference to the president's term of office as a kind of red herring but perhaps it's a fish of a different color?

[Tim Wynn]

So, at the time this vote was taken, had his year passed? He may not have been president, depending on the exact language for term of office in your bylaws.

This fact, however, would not determine whether or not he had the right to vote (though in regards to a board meeting, it may change his board status from member to nonmember), and the fact of his presiding would not affect the validity of the action taken in the meeting.

[David A Foulkes]

This fact, however, would not determine whether or not he had the right to vote (though in regards to a board meeting, it may change his board status from member to nonmember), and the fact of his presiding would not affect the validity of the action taken in the meeting.

Admittedly a lot of this may depend on bylaw language, but if the president was no longer president, and because of that was no longer a board member, then the vote of 4-4 defeated the motion, and the contract was improperly entered into.

[Tim Wynn]

Admittedly a lot of this may depend on bylaw language, but if the president was no longer president, and because of that was no longer a board member, then the vote of 4-4 defeated the motion, and the contract was improperly entered into.

I don't recall the original poster using the word "board."

However, with the content in patentheses, I did cover the situation you describe.

[David A Foulkes]

I don't recall the original poster using the word "board."

Hmmmm..... indeed.

[Guest Jeff]

I don't recall the original poster using the word "board."

However, with the content in patentheses, I did cover the situation you describe.

The president is a member, as well as a member of the executive board.

[Guest Jeff]

I saw the reference to the president's term of office as a kind of red herring but perhaps it's a fish of a different color?

We nominated in Oct, voted in Nov. The president serves for one year, starting on January 1st.

[Trina]

Our bylaws State that the President serves for one year. Due to the fact our Treasurer was keeping poor books, which at the time showed the president WAS IN GOOD standing, we had a meeting and all voted. The vote was a 4/4 tie not including the president.. The president then cast a tie breaking vote. Twenty Six days later (after a contract had been executed because of the vote) it was brought to the attention that durning the time of the tie breaking vote the president was 60 days out of good standing because of late payment of dues(keep in mind bylaws say president served for one year).

Now after the president found out he was past due he immediatly paid his dues.

How would you rule on this?

1. Was he eligible to cast the tie breaking vote at the time?

2. Since a contract was carried out and everbody assumed at the vote he was the president, does it stand.

3.When president paid his dues was he then again the president, or did he never quit being the president.

As far as your question 2, even if the adoption of the motion turns out to be clearly improper (in a parliamentary sense) -- and I'm not saying it was improper, based on the facts presented -- that would not be enough to overturn the contract. By entering into a contract you have moved into the legal arena. The contract cannot be 'undone' by purely parliamentary means.

Is there some desire within the group to undo the contract? Or is your question mainly academic (e.g. based on a wish to better understand the rules of parliamentary procedure)?