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Illegal P&P that also conflicts with bylaws

Guest Southern Princess

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Guest Southern Princess

The yearly convention of a large volunteer nonprofit organization recently held their elections for state officers.  There was a nomination from the floor for a previous board member to run for office (contest election).  According to the state bylaws, this person fulfilled the duties as a previous state board member to run for office.  Her motion to run was denied based on a Policy the state board adopted to their P & P just before convention that board members that have resigned are prohibited from serving on the state board for 5 years.  This policy was put in place after resignations were accepted, and was made retroactive 20 months back to the beginning of that term of office.  If you wanted to push and fight this (since's its obviously illegal in so many ways), what Motion or Procedure would be the best per RROR?  She tried Appeal the Decision of the Chair, but the Certified Parliamentarian illegally dismissed her motion after debate and the membership was denied their right to vote.  

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Sounds as though (reading a bit between your lines) that "she" raised a point of order which was ruled on by the chair (against her), and she appealed the ruling of the chair.  At that point things went down the drain.  The Certified (by who?) Parliamentarian had NO business "dismissing" her appeal - the decision on the appeal is up to the membership as the final arbiters of such questions.


Without reading your bylaws (nope, we can't do that here, sorry) and the policy statement, I can't tell if the policy was or is in violation of the bylaws or not. (It does sound a little dubious, I have to say.)


Anticipate your
Continuing  big troubles
Are procedural?

Should get in touch with
Real parliamentarian
In your area

As soon as you can
(Not virtual ones like us)
For consultations.

(Can you do Haiku better, please?)

Contact either (or both) the ...

National Association of Parliamentarians
213 South Main St.
Independence, MO  64050-3850

Phone: 888-627-2929
Fax: 816-833-3893;  
e-mail: hq@NAP2.org  


American Institute of Parliamentarians
550M Ritchie Highway #271
Severna Park, MD  21146

Phone: 888-664-0428
Fax: 410-544-4640
e-mail: aip@aipparl.org

for a reference or information.

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Thank you.  Actually the Appeal was made and on the floor debate was had (most in favor of this person being able to run for office).  Now, we all know the bylaws are a higher document than a Policy & Procedure document, so therefore the bylaws rule.  What makes this even more fun is the 5 year ban policy that was forced though the board was made retroactive 20 months (again, illegal).  Extremely punitive and quite frankly illegal - all the way around.  Yes, I will reach out to a credentialed and respected authority but wanted to post here to double check my thoughts while waiting on my call to be returned.  Thank you for your help.

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