No Annual Meetings, Officers terms expire?

[Guest HopingforChange]

The organization is formed in 2005. Little to no interest and no annual meeting held and no elections ever held. Organization starter is elected at first meeting as president and continues to refer to herself as by this title for past eight years although her term expired in 2007.

On another thread it was noted that the treasurer never received any dues from any members including president. President claims she paid dues but the treasurer never received them.

Is she a member? A president?

[jstackpo]

Can't tell without recourse to the bank account - if there ever was one.

Do bylaws (if you can find them) require an officer to be a member? RONR doesn't. What do the bylaws say is a term in office - exact quoted words, please.

[Josh Martin]

Is she a member?

Beats me. You'll need to get that dues issue sorted out to determine that.

A president?

Possibly. If the Bylaws do not require officers to be members (or they do but she is a member) and the Bylaws include language that say officers serve "until their successors are elected," then yes (although based on information in this thread and its counterpart, she doesn't seem to be President of very much).

[Guest HopingforChange]

Thank you for your replies as they are helping unravel the issues.

I have gone back and looked at the exact wording of the bylaws and they are not written well but intent is clear.

Membership

"There shall be two classes of membership. Active and associate membership. Those active memberships shall be members who have theright to hold office and vote and shall be limited to the owner or to the one designated by the owner in writing, and must be wroking as a XXXXXXX with an agency with an active office in XXXXX county, state.

Forfeiture

If the treasurer does not receive dues and assessments within thirty days after due, membership shall be forfeited after the next 30 days.

As no one paid the treasurer (who believed organization to be inactive) and the President never instructed her to attempt to collect dues, or hold an annual meeting or give a report, or replace the secretary that had resigned week two of formation... the assumption was that there was no organization!

However, said "president" differs and claims the organization did exist as of October 23, 2012 and she was still its president despite the fact that terms were limited to 2 years.

"Motion by xxxxxxxx that officer and board serve a 2 year term, directors serving alternate years. Seconded. Passed."

No verbiage that until a successor is elected.

Logically it appears that officers must be members in good standing. Dues must be paid to treasurer. No one paid the treasurer so all members were forfeit.

The reason this is now an issue is that this person has been identifying herself as a president of the inactive organization for 8 years locally with different organizations as representing a membership as well as at state and local associations for our industry. We ignored this as simply annoying as the local folks knew she only reallly represented herself. We didn't care about the state and national organizations.

However, the issue now is she has been revising history and the villians are the lazy, no good members who never showed up and she was the heroine in the story and is trying to revive this organization and is having success with her starting a new one with people that simply were not here and have no idea about RONR or democratic process or proper procedures for organizations.

They just want a someone to solve their industry issues and she is promising them that her type of organization will save the day!

[Josh Martin]

As no one paid the treasurer (who believed organization to be inactive) and the President never instructed her to attempt to collect dues, or hold an annual meeting or give a report, or replace the secretary that had resigned week two of formation... the assumption was that there was no organization!

However, said "president" differs and claims the organization did exist as of October 23, 2012 and she was still its president despite the fact that terms were limited to 2 years.

Well, I agree with the President that, based upon the facts presented and from the perspective of parliamentary law, the organization still existed as of October 23, 2012. There are procedures to follow to dissolve an organization. Simply failing to meet (or do much of anything else) doesn't cut it.

Whether the individual is still the President is less clear. It seems to hinge on interpretation of the Bylaws and some relevant facts, so I don't believe we can provide a conclusive answer on this forum.

"Motion by xxxxxxxx that officer and board serve a 2 year term, directors serving alternate years. Seconded. Passed."

Yes, but what do the Bylaws say? A main motion is not sufficient to define the term of office.

However, the issue now is she has been revising history and the villians are the lazy, no good members who never showed up and she was the heroine in the story and is trying to revive this organization and is having success with her starting a new one with people that simply were not here and have no idea about RONR or democratic process or proper procedures for organizations.

They just want a someone to solve their industry issues and she is promising them that her type of organization will save the day!

New members would have to be admitted through whatever procedures are in the Bylaws. If you're concerned about libel or the like you should consult a lawyer. If someone is starting up an organization you don't like, that's just life. Really, I think we're exhausting what assistance this forum can provide.

I do not mean to be rude, but the focus of this forum is on the proper application of Robert's Rules of Order, Newly Revised. As we hear more about this situation, it has become increasingly clear to me that most of the problems involve the organization's Bylaws or applicable law, both of which are beyond the scope of RONR and this forum. Additionally, since you are no longer a member of the organization, there's not really anything you can do about it, at least so far as RONR is concerned. I'm not entirely clear what you and the other former members are trying to achieve, but it would seem to me it will have to involve coming to an agreement with this person or, failing that, consulting a lawyer to determine what your legal options may be. I wish you the best of luck in whatever course of action you decide to pursue.