Guest TinaMarie Posted October 17, 2012 at 04:39 PM Report Share Posted October 17, 2012 at 04:39 PM MOnday night the school board I sit on amended a by-law that was voted on over the summer to included the ability to allow former employees and spouses of staff members to be allowed to run for a seat on the Board. These are two seperate by-law articles. The Board also approved (and reinstated) voting privliges to our school staff (after a controversy in 2005 these privliges were taken away via legal council).Okay- after a long summer, we realized that this would just not work and the error in our decision. We have therefore changed and made offical the wording in our by-laws that former employees are not eliegible to run for a Board seat. My question is the second by-law and the wording. The original wording was (roughly) " No relative of a staff member or teacher of (our school) shall be eligible for a Board seat." What we voted was that spouses of employees not relatives and how would you define a relative? Yeap, I'm being picky, but our school has been through so much and this by-law change will help. Thanks for any and all help. Link to comment Share on other sites More sharing options...
g40 Posted October 17, 2012 at 04:58 PM Report Share Posted October 17, 2012 at 04:58 PM Whether a spouse is a relative probably depends on your state of residence. My guess is yes for West Virginia and Arkansas. Link to comment Share on other sites More sharing options...
sMargaret Posted October 17, 2012 at 06:46 PM Report Share Posted October 17, 2012 at 06:46 PM ...we realized that this would just not work and the error in our decision. We have therefore changed and made offical the wording in our by-laws that former employees are not eliegible to run for a Board seat. My question is the second by-law and the wording. The original wording was (roughly) " No relative of a staff member or teacher of (our school) shall be eligible for a Board seat." What we voted was that spouses of employees not relatives and how would you define a relative? Are you asking this forum to come up with bylaw wording for you, to assist in defining a relative in such a way to not include a spouse? Link to comment Share on other sites More sharing options...
Guest Guest Posted October 17, 2012 at 07:22 PM Report Share Posted October 17, 2012 at 07:22 PM Are you asking this forum to come up with bylaw wording for you, to assist in defining a relative in such a way to not include a spouse?Were the discussion became almost humorous was if a spouse that was unable to run- what about other family members and how do you define family. THen someone asked what difference does it really make, if a spouse can't run than what would be the chance another family member would want to. Deep conversation for 9:00PM but valid points and just really wondering if anyone has ever "survived this" conversation and have an idea for a solution. Link to comment Share on other sites More sharing options...
David A Foulkes Posted October 17, 2012 at 07:42 PM Report Share Posted October 17, 2012 at 07:42 PM Were the discussion became almost humorous was if a spouse that was unable to run- what about other family members and how do you define family. THen someone asked what difference does it really make, if a spouse can't run than what would be the chance another family member would want to. Deep conversation for 9:00PM but valid points and just really wondering if anyone has ever "survived this" conversation and have an idea for a solution.Frankly, I think your question falls outside the purview of this forum which deals with Robert's Rules of Order. RONR itself offers no restriction to membership or holding a position of officer or board member; that restriction would need to come from the organization's bylaws or other governing rules. While it's more likely the case that boards and officers are elected from the membership, RONR does allow that the bylaws could just as easily allow for non-members to hold such positions.A search of dictionary definitions of the term "relative" would provide you with a good starting point, by which a reasonable person would most likely abide. Whether your school comprises reasonable persons is for you to find out. Link to comment Share on other sites More sharing options...
sMargaret Posted October 17, 2012 at 08:25 PM Report Share Posted October 17, 2012 at 08:25 PM My local school board's only disqualification for membership is based on our provincial school act, which states that members currently employed by that board cannot serve. Or run, possibly - not sure off the top of my head.The default RONR rule would be to let everybody run, and let the voters decide. I think you want legal advice on this, not so much parliamentary advice (especially given the former employee prohibition,and the difficulty defining spouse or relative). I mean, who is precluded from running? Live in boyfriend? Person who stays over every second night? Second cousin? First cousin twice removed? Step-child? Son in law? Estranged nephew? Families are complicated. Get legal advice. Link to comment Share on other sites More sharing options...
Guest TinaMarie Posted October 18, 2012 at 01:19 PM Report Share Posted October 18, 2012 at 01:19 PM Thank you everyone for your insight. The final read for the by-law change was last night and we are leaving it with just spouse of a current employee. I do agree with David and Margaret to just let the voters decide (it's how I was elected and I am a former employee) but they are very much "once bitten twice shy".Thanks everyone!!TIna Marie Link to comment Share on other sites More sharing options...
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