Guest george stevenson Posted November 23, 2013 at 06:20 PM Report Share Posted November 23, 2013 at 06:20 PM We used to be allowed to put forward a name to be president of the club after nominations and voting of a 12 man board has been completed. For some reason it changed to allowing the board only to vote in the new president. can you please tell us which if any is proper or not. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 23, 2013 at 06:23 PM Report Share Posted November 23, 2013 at 06:23 PM Who do the bylaws say elects the President? Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 23, 2013 at 06:24 PM Report Share Posted November 23, 2013 at 06:24 PM For some reason it changed . . . . Either method is okay as long as your rules are followed. Check your bylaws; perhaps they were amended (changed) recently. Link to comment Share on other sites More sharing options...
Guest glws Posted November 26, 2013 at 06:11 PM Report Share Posted November 26, 2013 at 06:11 PM the bylaws do not mention what process has to be used to vote a president. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 26, 2013 at 06:34 PM Report Share Posted November 26, 2013 at 06:34 PM Since the Board only has the authority the bylaws give it (RONR p. 482 ll. 25-29) and you say the bylaws don't specify who elects the President then that authority would reside with the General Membership. Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 27, 2013 at 06:32 AM Report Share Posted November 27, 2013 at 06:32 AM Since the Board only has the authority the bylaws give it (RONR p. 482 ll. 25-29) and you say the bylaws don't specify who elects the President then that authority would reside with the General Membership.... which, I think, would mean that the rule,and the procedure it directs, really didn't change, Mr Stevenson (OP). And so it is not true that only the board votes in the new president. What do you do now?? Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 27, 2013 at 11:45 AM Report Share Posted November 27, 2013 at 11:45 AM I think the first question is whether the Membership could (without amending the bylaws) delegate to the Board their authority to elect the President? If they could then the timeliness requirement rule (RONR pp. 250-251) would apply and the Membership would have to stand up for their rights come next Presidential election. If the GM could not delegate the electing authority to the Board then the question is whether the Board improperly taking that authority would cause a continuing breach? I would say that it would based on page 251(a) and the election (of the current President) should be ruled null and void upon the raising of a Point of Order at a Board or GM meeting. However, if the Membership is fine with who the Board picked as President they could leave it alone (though they aren't required to do so) and adopting a motion censuring the Board for exceeding their authority is an option if you all want to let the Board know they didn't get away with it entirely. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 28, 2013 at 01:56 AM Report Share Posted November 28, 2013 at 01:56 AM I think the first question is whether the Membership could (without amending the bylaws) delegate to the Board their authority to elect the President?Sounds too much like proxy voting to me. Link to comment Share on other sites More sharing options...
Guest Hello Posted December 1, 2013 at 04:28 PM Report Share Posted December 1, 2013 at 04:28 PM If a club president refrained from making motionsand voting for years. would that be consider a clubprecedent? and would is be fair to expect the new presidentcontinue this? Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 1, 2013 at 04:38 PM Report Share Posted December 1, 2013 at 04:38 PM If a club president refrained from making motionsand voting for years. would that be consider a clubprecedent? and would is be fair to expect the new presidentcontinue this? Look very closely at the answer to FAQ #1 Is it true that the president can vote only to break a tie? Link to comment Share on other sites More sharing options...
Weldon Merritt Posted December 1, 2013 at 04:39 PM Report Share Posted December 1, 2013 at 04:39 PM If a club president refrained from making motionsand voting for years. would that be consider a clubprecedent? and would is be fair to expect the new presidentcontinue this?Please post your question as a new topic. Link to comment Share on other sites More sharing options...
Dan Honemann Posted December 1, 2013 at 04:40 PM Report Share Posted December 1, 2013 at 04:40 PM Please post your question as a new topic. Too late. Link to comment Share on other sites More sharing options...
Weldon Merritt Posted December 1, 2013 at 04:50 PM Report Share Posted December 1, 2013 at 04:50 PM Too late. Yes, I see. Link to comment Share on other sites More sharing options...
Bruce Lages Posted December 1, 2013 at 08:33 PM Report Share Posted December 1, 2013 at 08:33 PM The OP said that his assembly used to be able 'to put forward a name to be president of the club after nominations and voting of a 12 member board had been completed', but it has changed to 'allowing the board only to vote in the new president'. I'd just note that putting forward a name for, and voting for, a new president are not the same thing. Perhaps Guest Mr Stevenson, if he's still reading this, could clarify as to whether the assembly previously not only 'put forward a name' but also actually elected the new president In any event, I'd still be interested in hearing more opinions here regarding the issue that Chris raised - whether the assembly has the right to delegate its authority for electing a president to the board. Anyone? Link to comment Share on other sites More sharing options...
George Mervosh Posted December 2, 2013 at 03:15 PM Report Share Posted December 2, 2013 at 03:15 PM In any event, I'd still be interested in hearing more opinions here regarding the issue that Chris raised - whether the assembly has the right to delegate its authority for electing a president to the board. Anyone? The actual right to vote is not transferable. I can't think of anything in RONR that would permit it. Link to comment Share on other sites More sharing options...
Guest Edgar Posted December 2, 2013 at 03:37 PM Report Share Posted December 2, 2013 at 03:37 PM In any event, I'd still be interested in hearing more opinions here regarding the issue that Chris raised - whether the assembly has the right to delegate its authority for electing a president to the board. Anyone? The actual right to vote is not transferable. I can't think of anything in RONR that would permit it. I think we may be talking about two different things. The right to vote is individual and, as Mr. Mervosh notes, is not transferable (short of authorizing proxies in the bylaws). But the authority to vote on a particular question certainly is transferable. That's why boards are created in the first place. As I read it, Mr. Harrison's question wasn't whether that authority could be transferred but whether it could be transferred by the assembly (i.e. on the spot, without amending the bylaws). Link to comment Share on other sites More sharing options...
Josh Martin Posted December 2, 2013 at 04:08 PM Report Share Posted December 2, 2013 at 04:08 PM As I read it, Mr. Harrison's question wasn't whether that authority could be transferred but whether it could be transferred by the assembly (i.e. on the spot, without amending the bylaws). In the vast majority of cases, the bylaws will specify who will elect the President - such as stating that the officers shall be elected at the annual meeting of the membership. In such a case, this authority certainly could not be delegated without amending the bylaws. If the bylaws were truly silent on the issue, then it's a more difficult question, but I would still lean toward the idea that it would require an amendment to the bylaws in order for the society to give up the power to elect its officers. Link to comment Share on other sites More sharing options...
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