Guest Jim Terry Posted November 30, 2014 at 04:10 PM Report Share Posted November 30, 2014 at 04:10 PM Does the board have to give a reason for rejecting the elected chief that meets all qualification in bylaws & sop Link to comment Share on other sites More sharing options...
Richard Brown Posted November 30, 2014 at 04:11 PM Report Share Posted November 30, 2014 at 04:11 PM The board can't reject anyone properly elected unless your bylaws give them such power. There is certainly nothing in RONR that does. Perhaps you should give us a little more information. What do your bylaws say about that? Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 30, 2014 at 04:29 PM Report Share Posted November 30, 2014 at 04:29 PM Also, it may be worthwhile to look at Official Interpretation 2006-12 "Board reversing membership decision" and 2006-13 "Countermanding board action". Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 30, 2014 at 04:31 PM Report Share Posted November 30, 2014 at 04:31 PM Does the board have to give a reason for rejecting the elected chief that meets all qualification in bylaws & sop The reason is the least of your worries. How does the board get the authority to reject in the first place? If the membership elects someone, the board (which is subordinate to the membership) doesn't get to pass judgement, unless your bylaws give it such extraordinary power. Link to comment Share on other sites More sharing options...
Guest Jim Terry Posted November 30, 2014 at 04:38 PM Report Share Posted November 30, 2014 at 04:38 PM The bylaws do say the BOD has to approve the elected chief.The board is looking to keep the present chief.I have asked for the reason for rejection with no answer.If a second election is performed & the same result happens can the membership over ride the BOD Link to comment Share on other sites More sharing options...
Richard Brown Posted November 30, 2014 at 04:44 PM Report Share Posted November 30, 2014 at 04:44 PM The bylaws do say the BOD has to approve the elected chief.The board is looking to keep the present chief.I have asked for the reason for rejection with no answer.If a second election is performed & the same result happens can the membership over ride the BODWell, that is a strange bylaw provision, but it is what it is. Based on what you have told us, I see nothing that requires the board to provide a reason. The board seems to have what amounts to veto power. Without having seen the precise wording of your bylaw provision on that point, I imagine the next step is for the membership to elect someone else and hope the board approves that person. If the board seems determined to veto everyone except the one person the board members seem to want, it may be time to elect a new board. Normally the general membership can overrule board action, but we don't know if that is the case here because your bylaws seem to give the board veto power. We need to know more in order to answer that question. The links that Hieu provided you in post # 3 might be helpful to you on that point. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 30, 2014 at 07:09 PM Report Share Posted November 30, 2014 at 07:09 PM Ordinarily, the membership can override any action of the board. But your bylaws seem to give them unusual powers, which you will have to live with until you can amend your bylaws to say what you actually want them to say. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted November 30, 2014 at 08:59 PM Report Share Posted November 30, 2014 at 08:59 PM S1. The bylaws do say the BOD has to approve the elected chief.S2. The board is looking to keep the present chief.S3. I have asked for the reason for rejection with no answer.S4. If a second election is performed & the same result happens can the membership override the BOD?*****Reply to S1. Strange.The members can do the "electing", but the "electing" does nothing but virtually "nominate" the electee to the board's ballot, who in turn has the real power to elect.Convoluted rule. -- Why not just give the board direct power, and cut out the membership, since the membership is powerless?*****Reply to S2. Since the board has final choice, then the board's choice is final.*****Reply to S3. Right.The board is under no rule which demands that the board surrender to anyone its deliberations, its reasoning -- it's bias, its irrationality.So this is a dead end, in the parliamentary sense.*****Reply to S4. "No override."See S1.It is a bylaw. It is a grant of authority. -- The membership cannot flout a rule of authorization at the level of one's bylaws.***** Link to comment Share on other sites More sharing options...
Rev Ed Posted December 1, 2014 at 02:39 AM Report Share Posted December 1, 2014 at 02:39 AM Sounds like the organization has two choices 1) Elect Board members who will do what that general membership wishes, or; 2) Amend the By-laws to take away the Board's right to approve what the general membership decides, Link to comment Share on other sites More sharing options...
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