ajwcnw Posted June 3, 2013 at 01:03 PM Report Share Posted June 3, 2013 at 01:03 PM Our bylaws indicate that nominations take place in January and elections take place in March. Elections went smoothly, but the person elected corresponding secretary has now decided that she doesn't want the position. She had not been sworn in. Our bylaws are silent as to what to do if there is a vacancy. Can we suspend the rule of what month nominations and elections take place so we can elect someone to the position immediately? Help. Link to comment Share on other sites More sharing options...
jstackpo Posted June 3, 2013 at 01:20 PM Report Share Posted June 3, 2013 at 01:20 PM No need to formally suspend the rules -- RONR says when an election is "incomplete" (which I take yours to be as your CorSec hadn't actually served in office and then resigned) you just try again: nominate and elect next chance you get. p. 444. Link to comment Share on other sites More sharing options...
Dan Honemann Posted June 3, 2013 at 01:26 PM Report Share Posted June 3, 2013 at 01:26 PM No need to formally suspend the rules -- RONR says when an election is "incomplete" (which I take yours to be as your CorSec hadn't actually served in office and then resigned) you just try again: nominate and elect next chance you get. p. 444. I don't think it is as yet clear whether or not the election of the corresponding secretary became final prior to her deciding that she doesn't want the job. Link to comment Share on other sites More sharing options...
ajwcnw Posted June 3, 2013 at 01:41 PM Author Report Share Posted June 3, 2013 at 01:41 PM She was elected and then decided two weeks ago she didn't want the job, a week before her installation. Link to comment Share on other sites More sharing options...
George Mervosh Posted June 3, 2013 at 01:46 PM Report Share Posted June 3, 2013 at 01:46 PM She was elected and then decided two weeks ago she didn't want the job, a week before her installation. Under the rules in RONR, irrespective of any installation service, her election would take effect immediately after the result was announced, unless some rule in your bylaws delayed when she assumes office. Do your rules specify exactly when someone who is elected assumes office? Link to comment Share on other sites More sharing options...
Josh Martin Posted June 3, 2013 at 04:03 PM Report Share Posted June 3, 2013 at 04:03 PM Our bylaws indicate that nominations take place in January and elections take place in March. Elections went smoothly, but the person elected corresponding secretary has now decided that she doesn't want the position. She had not been sworn in. Our bylaws are silent as to what to do if there is a vacancy. Can we suspend the rule of what month nominations and elections take place so we can elect someone to the position immediately? Help. Based on the further information provided, it appears that the election was complete, which means you now have a vacancy. Since your Bylaws are silent, you can and should hold an election to fill the vacancy as soon as possible. There is no need to suspend the Bylaws (which is good, since you generally can't suspend them). The fact that regular elections are held in March has no effect on filling a vacancy. Link to comment Share on other sites More sharing options...
J. J. Posted June 3, 2013 at 04:16 PM Report Share Posted June 3, 2013 at 04:16 PM Based on the further information provided, it appears that the election was complete, which means you now have a vacancy. Since your Bylaws are silent, you can and should hold an election to fill the vacancy as soon as possible. There is no need to suspend the Bylaws (which is good, since you generally can't suspend them). The fact that regular elections are held in March has no effect on filling a vacancy. I think it is questionable as to when the election takes effect. It may, but that is unclear. Link to comment Share on other sites More sharing options...
Josh Martin Posted June 3, 2013 at 04:22 PM Report Share Posted June 3, 2013 at 04:22 PM I think it is questionable as to when the election takes effect. It may, but that is unclear. Are we on the same page if I add the caveat "unless your Bylaws provide otherwise?" Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 3, 2013 at 04:24 PM Report Share Posted June 3, 2013 at 04:24 PM I think it is questionable as to when the election takes effect. It may, but that is unclear.The bylaws could say all sorts of things which conceivably could swing this one way or the other toward incomplete election or toward vacancy-filling. However, since the bylaws are silent on vacancies, the remedy in either case is the same: hold an election. Technically it might be nice to know whether this was a completion of the old election or a brand new one, but the result is the same either way. Link to comment Share on other sites More sharing options...
jstackpo Posted June 3, 2013 at 04:57 PM Report Share Posted June 3, 2013 at 04:57 PM The bylaws could say all sorts of things which conceivably could swing this one way or the other toward incomplete election or toward vacancy-filling. However, since the bylaws are silent on vacancies, the remedy in either case is the same: hold an election. Technically it might be nice to know whether this was a completion of the old election or a brand new one, but the result is the same either way. Not quite.... If the action is completing an incomplete election, then this can take place at the very next meeting. Just do it. But if the action is filling a vacancy (for which an election is required, in the absence of any bylaw provisions - p. 575), the association ALSO has to give notice of the election to come. The notice could go out in time for that "very next meeting" but the secretary has best get right on it, as he is supposed to send out that notice. And it may be that the bylaws specify how much in advance that notice has to go out. Too late is a possibility, which will delay the election to the next plus one meeting. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 6, 2013 at 10:42 AM Report Share Posted June 6, 2013 at 10:42 AM [Post 7]I think it is questionable as to when the election takes effect. It may, but that is unclear.What may? Link to comment Share on other sites More sharing options...
Gary c Tesser Posted June 6, 2013 at 10:51 AM Report Share Posted June 6, 2013 at 10:51 AM Not quite....Nice catch, JDS. Borrow my Ailerons-ya-Us card, GPN? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 6, 2013 at 04:30 PM Report Share Posted June 6, 2013 at 04:30 PM Not quite.... If the action is completing an incomplete election, then this can take place at the very next meeting. Just do it. But if the action is filling a vacancy (for which an election is required, in the absence of any bylaw provisions - p. 575), the association ALSO has to give notice of the election to come. The notice could go out in time for that "very next meeting" but the secretary has best get right on it, as he is supposed to send out that notice. And it may be that the bylaws specify how much in advance that notice has to go out. Too late is a possibility, which will delay the election to the next plus one meeting.Agreed, the notice requirements are different, but I stand by the statement that the result would be the same. If I were handling this, I would have notice sent in either case. Even if the election were incomplete, it's quite likely that most of the members would have left the chamber thinking that it was complete, and so I believe notice would be appropriate even if not stringently required. Since this is a case (asynchronous installation) not covered by RONR, we have to extrapolate. Link to comment Share on other sites More sharing options...
ajwcnw Posted August 17, 2013 at 02:17 PM Author Report Share Posted August 17, 2013 at 02:17 PM Our elections were complete and we don't have an officer. Under what authority can we disregard the fact that our Bylaws clearly state nominations take place in January and elections in March? We are also part of a national organization and our National Bylaws speak as to how to handle vacancies. Can we rely on the National Bylaws to handle our vacancy? Our local Bylaw don't reference our National Bylaws, but reference Robert's Rules of Order as deciding all Parliamentary procedure. Link to comment Share on other sites More sharing options...
Josh Martin Posted August 18, 2013 at 06:17 PM Report Share Posted August 18, 2013 at 06:17 PM Under what authority can we disregard the fact that our Bylaws clearly state nominations take place in January and elections in March? You don't need to disregard them. When nominations and elections take place for regular elections has no effect on filling vacancies. We are also part of a national organization and our National Bylaws speak as to how to handle vacancies. Can we rely on the National Bylaws to handle our vacancy? Maybe, maybe not. You'll have to look closely at those bylaws to see if those provisions are meant to apply to constituent units or only to vacancies at the national level. Our local Bylaw don't reference our National Bylaws, but reference Robert's Rules of Order as deciding all Parliamentary procedure. If your local bylaws are silent and the provision in the national bylaws doesn't apply, the vacancy may be filled at a meeting of the society, so long as previous notice is provided. Link to comment Share on other sites More sharing options...
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