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Term of Office


Guest James Roberts

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Guest James Roberts

Person X serves on a Public Body A comprised of members from other public bodies (1, 2, and 3). PBA's bylaws states that the TERMS OF OFFICE are "Appointments for four (4) year terms."

 

Let's assume that Person X was first appointed on January 2, 2010 (fiscal year is the calendar year). Their appointment would then run through 2013 and they would be up for reappointment in early January of 2014 (having served `10, `11, `12, and `13). 

 

However, as the board holds an annual meeting every year and doesn't follow RONR (or its bylaws) very well, it annually puts up a very similar slate of candidates to be on the board, including Person X. So the question is, since Person X was last voted in for a 4-year term in January of 2013, following RONR and the bodies bylaws, shouldn't the next vote for Person X be held during the January 2017 meeting?

 

Another way of asking the question, does RONR address a vote in this situation which ostensibly renews the 4-year term appointment?

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Well, firstly I'd differentiate between appointments and elections. As I see it (and, of course, others may differ) appointments occur when one person (e.g. the president) has the authority to fill the office. Elections occurs when the office is filled by the vote of the members of an assembly (e.g. the general membership or the board).

 

So let's assume we're talking about an election. If Charlie is elected to a four-term in 2013, I don't think there's anything in RONR that, in 2014, would prevent him from being elected to the term that expires in 2018 (though he'd have to give up the other seat). Of course I'd never vote for anyone who did that and I would hope no one else would either.

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Person X serves on a Public Body A comprised of members from other public bodies (1, 2, and 3). PBA's bylaws states that the TERMS OF OFFICE are "Appointments for four (4) year terms."

 

Let's assume that Person X was first appointed on January 2, 2010 (fiscal year is the calendar year). Their appointment would then run through 2013 and they would be up for reappointment in early January of 2014 (having served `10, `11, `12, and `13). 

 

However, as the board holds an annual meeting every year and doesn't follow RONR (or its bylaws) very well, it annually puts up a very similar slate of candidates to be on the board, including Person X. So the question is, since Person X was last voted in for a 4-year term in January of 2013, following RONR and the bodies bylaws, shouldn't the next vote for Person X be held during the January 2017 meeting?

 

Another way of asking the question, does RONR address a vote in this situation which ostensibly renews the 4-year term appointment?

 

In the first place, your board cannot hold an annual meeting of the membership.  The membership itself can, and should take that opportunity to elect board members who will follow RONR and the bylaws.

 

You are correct that if a person has been elected to a four-year term, it is ridiculous to put them on the ballot the following year. 

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