Term not expired but put in nomination

[Guest golfer]

Had a board member accidently take someone elses word that their term for service was expired, so he put in to be nominated for his position.  At the annual meeting, two others were nominated for the two positions, making the vote 3 persons for two spots.   The incumbent (who still had a year but put in for nomination) was voted off the board by the members at the meeting.  Now he claims that he is still on the board because his term was not up.   Is he gone or still on the board?

[jstackpo]

Since it is quite unlikely, in your bylaws, that someone could be removed from an elected position without disciplinary proceedings (See Chapter 20), I would say that he is still on the board.  A removal by mere election would be improper.

 

But I can't answer your next question:  which of the two who were elected to the board will stay on, and which will have to leave?

 

Maybe others here can pick up on this one, but my first suggestion is that the whole election process was "tainted" by assuming you were having an election for two positions when only one position was actually open.  And it is a continuing breach since the bylaws (implicitly) state that one person was to be elected  --  page 251 a). So it could be point-of-ordered and  voided.

 

That leads me to say that you will just have to run the election again but for only one position.   The continuing-in-office board member is not involved in the election.

[Edgar Guest]

The incumbent (who still had a year but put in for nomination) was voted off the board by the members at the meeting. 

 

No, he wasn't. You don't vote someone off the board by electing someone else to a position that's not vacant. That's an Alice-in-Wonderland scenario.

 

As I understand it, there was actually only one open position. I appreciate Mr. Stackpole's suggestion that you do it again and do it right this time but I'm not sure that the one open office hasn't already been filled.

 

And I have to say I'd be unlikely to re-elect anyone who doesn't know when his term of office ends. But that would have to wait until next year.

[Kim Goldsworthy]

Had a board member accidently take someone elses word

that their term for service was expired,

so he put in to be nominated for his position. 

 

At the annual meeting,

two others were nominated for the two positions, making the vote 3 persons for two spots.  

 

The incumbent (who still had a year but put in for nomination)

was voted off the board by the members at the meeting. 

 

Now he claims that he is still on the board because his term was not up.  

 

Is he gone or still on the board?

No one (here) has read your customized rules, namely, the defined term of office, what you call "term for service".

 

In theory, if your customized rule were to be worded in a certain way, then your "incumbent" board member is now out of office.

There is at least one scenario where an ordinary motion, "To remove Mr. X from the position of P," could be adopted and effectively oust your board member from office.

 

But that's not the way to bet.

More likely, your defined term of office will not be worded in that particular way.

It is much more likely that the term of office cannot be so easily side-stepped.

Since the term of office (probably) cannot be set aside by an annual election's normal election process, then the incumbent board member still sits as a board member.

 

But please do look in your bylaws for the magical phrase, "... until a successor is elected."

It just might change your life (collectively speaking).

[jstackpo]

But please do look in your bylaws for the magical phrase, "... until a successor is elected."

It just might change your life (collectively speaking).

 

But almost certainly not.  Even if the exact phrase is "...or until a successor is elected" in your bylaws, it still requires a formal motion to "remove from office" (p. 653) to be adopted; a simple election of a (possible) successor is not sufficient to oust an incumbent.

[Richard Brown]

But almost certainly not.  Even if the exact phrase is "...or until a successor is elected" in your bylaws, it still requires a formal motion to "remove from office" (p. 653) to be adopted; a simple election of a (possible) successor is not sufficient to oust an incumbent.

I agree.