Guest Sally K Posted November 16, 2012 at 04:10 PM Report Share Posted November 16, 2012 at 04:10 PM Our non profit organization voted two Board Members off the Board in a unanimous vote. We followed the procedure outlined in Roberts Rules. We submitted a letter with charges, date of trial, etc. Now at the Board Meeting these same two people were nominated from the floor as Board Members. They were a truly disruptive force and we do not want them back. What can we do? Link to comment Share on other sites More sharing options...
jstackpo Posted November 16, 2012 at 04:16 PM Report Share Posted November 16, 2012 at 04:16 PM Don't elect them. Nothing in RONR prohibits chastised members from running again. (Maybe they have reformed - yeah, right!) Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 16, 2012 at 04:36 PM Report Share Posted November 16, 2012 at 04:36 PM John, remember the advice I gave William H. Bonney, Jr (and your reaction)? Link to comment Share on other sites More sharing options...
sMargaret Posted November 16, 2012 at 06:08 PM Report Share Posted November 16, 2012 at 06:08 PM You could also change your bylaws to prohibit people removed from office from running again, but do note that would also prohibit people who were removed for reasons that are not pleasing to the general members, shall we say. You could have also removed these members from being members - banned them from the organization itself.As Mr. Stackpole said, though, the best way to prevent them from coming back is to elect someone else.Curious about one thing, though - at your board meeting, these members were nominated from the floor? Was this at a general meeting, rather than a board meeting? Link to comment Share on other sites More sharing options...
Guest AmRPkP Posted November 16, 2012 at 07:24 PM Report Share Posted November 16, 2012 at 07:24 PM They were nominated at a board meeting. But all were nominated by one person which I have since found is not allowed according to Roberts Rules. So, I think that rule may save us. Link to comment Share on other sites More sharing options...
Guest AmRPkP Posted November 16, 2012 at 07:24 PM Report Share Posted November 16, 2012 at 07:24 PM They were nominated at a board meeting. But all were nominated by one person which I have since found is not allowed according to Roberts Rules. So, I think that rule may save us. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 16, 2012 at 07:47 PM Report Share Posted November 16, 2012 at 07:47 PM They were nominated at a board meeting. Assuming the election of board members will take place at a meeting of the general membership (not at a meeting of the board), then that's where nominations should be made too. It would be unusual (though not unheard of) for the nomination and election of board members to take place at a board meeting.Which, I think, is the point sMargaret was getting at with her last question. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 16, 2012 at 07:52 PM Report Share Posted November 16, 2012 at 07:52 PM They were nominated at a board meeting. But all were nominated by one person which I have since found is not allowed according to Roberts Rules. So, I think that rule may save us.That rule doesn't exist, if you're saying that a member cannot nominate a person for each position to be filled. Link to comment Share on other sites More sharing options...
sMargaret Posted November 16, 2012 at 08:04 PM Report Share Posted November 16, 2012 at 08:04 PM Additionally, if the complaint is that it was "one person", then according to RONR, you don't need a seconder for making nominations.A member shouldn't offer more than one nomination to a position until all other members have a chance to make nominations, but according to RONR, a person can nominate multiple people.I am concerned that nominations are taking place at a board meeting, though, because that's not typical. Typically, the board is elected by the general members, and nominations and elections take place at general meetings. Are general members allowed at your board meetings? Do your bylaws set out a way of doing things that's different from RONR? Link to comment Share on other sites More sharing options...
rthib Posted November 17, 2012 at 04:11 AM Report Share Posted November 17, 2012 at 04:11 AM I would say that if a board member was removed by a unanimous vote of the board but is nominated and wins an election by a majority of the membership, then the issue is not with those board members but in the opinion of the membership with the rest of the board.As other have said, the remedy for not having people you want, is to not elect the, But if the membership decided to elect them I would take that as the advice that your opinion is in the minority. Link to comment Share on other sites More sharing options...
jstackpo Posted November 17, 2012 at 10:52 PM Report Share Posted November 17, 2012 at 10:52 PM 'Course if nothing much has changed and no rules have been broken, the board could just go ahead and vote him off again.This could go on a while, at least up to the (possible) re-election of the other board members... Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 19, 2012 at 03:27 AM Report Share Posted November 19, 2012 at 03:27 AM They were nominated at a board meeting. But all were nominated by one person which I have since found is not allowed according to Roberts Rules. So, I think that rule may save us.That rule doesn't exist.One person may nominate as many people as there are seats to be filled for that office.It's true one person cannot nominate more than one candidate for, say, President, because there is only one president. But if there are three seats open on the board, one person can nominate candidates for all three.What may save you, however, is that candidates for the board would not be nominated at a board meeting, but at a membership meeting, since it is the membership who holds the election, not the board.But to answer your original question, if you don't want these people elected, vote for somebody else. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 19, 2012 at 11:49 PM Report Share Posted November 19, 2012 at 11:49 PM That rule doesn't exist.It's good to see that it's still inanimate, four posts later. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 20, 2012 at 01:40 AM Report Share Posted November 20, 2012 at 01:40 AM May it ever remain so. Link to comment Share on other sites More sharing options...
Guest Starcinder Posted November 20, 2012 at 06:31 AM Report Share Posted November 20, 2012 at 06:31 AM What happens if someone runs for an exec. Position And the majority don't want that person in, yet there is no one else qualified under our bylaws. Are they voted in by acclamation or can members vote, yah or nay? We are coming up to our agm. This person is currently our president and we are voting on 5positions. Link to comment Share on other sites More sharing options...
jstackpo Posted November 20, 2012 at 08:54 AM Report Share Posted November 20, 2012 at 08:54 AM No one?!? Are you sure? Study your bylaws carefully.If true, all you can do is propose and adopt bylaw amendments to relax those qualification restraints.You could do this even as late as election night (before the election) and then nominate and elect someone else more to the majority's liking.BTW: This b-board works best if you raise a new (even if related) question in a new topic (or "thread" as geeks call them). Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 20, 2012 at 11:56 AM Report Share Posted November 20, 2012 at 11:56 AM . . . can members vote, yah or nay?No. In an election you either vote for someone or you don't vote at all. Link to comment Share on other sites More sharing options...
jstackpo Posted November 20, 2012 at 01:24 PM Report Share Posted November 20, 2012 at 01:24 PM No. In an election you either vote for someone or you don't vote at all.In a ballot election, that is. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 20, 2012 at 05:08 PM Report Share Posted November 20, 2012 at 05:08 PM What happens if someone runs for an exec. Position And the majority don't want that person in, yet there is no one else qualified under our bylaws. Are they voted in by acclamation or can members vote, yah or nay? We are coming up to our agm. This person is currently our president and we are voting on 5positions.An individual is not elected against the will of a majority of voters. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 20, 2012 at 05:31 PM Report Share Posted November 20, 2012 at 05:31 PM An individual is not elected against the will of a majority of voters.Very nicely phrased. Link to comment Share on other sites More sharing options...
jstackpo Posted November 20, 2012 at 06:00 PM Report Share Posted November 20, 2012 at 06:00 PM An individual is not elected against the will of a majority of voters.Very nicely phrased.Yeah, but... that majority has to come up with a candidate for whom it is comfortable voting.And it sure looks as though (p. 443) the chair's declaration of election by acclamation is not optional when there is only one candidate (and no ballot required, of course). Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 20, 2012 at 06:47 PM Report Share Posted November 20, 2012 at 06:47 PM An individual is not elected against the will of a majority of voters.But an individual can be elected against the will of a whole boat-load of non-voters, Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 20, 2012 at 07:46 PM Report Share Posted November 20, 2012 at 07:46 PM Yeah, but... that majority has to come up with a candidate for whom it is comfortable voting.Well, we can only assume they stuck it to themselves by adopting such restrictive bylaw requirements as to leave only one member qualified to be president. I suppose they could attempt an election filibuster, ordering a ballot vote and writing in an ineligible person, creating enough illegal votes to prevent Mr. Undesirable from being elected. But in the long run, they need to review the bylaws (as you already suggested) and amend them more favorably towards having a choice next time. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 20, 2012 at 09:23 PM Report Share Posted November 20, 2012 at 09:23 PM Yeah, but... that majority has to come up with a candidate for whom it is comfortable voting.And it sure looks as though (p. 443) the chair's declaration of election by acclamation is not optional when there is only one candidate (and no ballot required, of course).I move that the vote on this question be taken by ballot. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 20, 2012 at 09:28 PM Report Share Posted November 20, 2012 at 09:28 PM I move that the vote on this question be taken by ballot.I move that this question be taken out back and shot. Link to comment Share on other sites More sharing options...
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