Conflict of Interest

[Guest Brodie Miller]

Good afternoon, 

 

I am the Chair of a small not for profit organization and our upcoming meeting is the last before the incoming board takes their place. Our organization re-elects the entirety of the board each year and it is historically tasked with approving the election results prior to their term completion. Unfortunately the board has been unable to obtain quorum over the past several meetings and we have been unable to pass the motion to ratify election results.

 

I am hoping to seek opinions on whether or not it is okay for the incoming board to approve their election results should the outgoing board not obtain quorum at their last meeting in office. My first thoughts would be that there are obvious conflicts of interest, but perhaps someone could offer clarification. 

 

Thank you in advance for any assistance. 

 

Brodie

[Richard Brown]

How did  the election take place?  At a meeting?  By mail?

 

Normally, election of officers takes place at the annual meeting and the president/presiding officer simply announces who the winners are after the tellers read the tellers report.  There is no "ratifying" or approving done.  The elections are final once the presiding officer announces the results.  Any member, however, can raise a point of order about the election if he thinks there were improprieties.  It is also possible, in some cases to order a recount.  But, barring any of those objections/motions, the election results stand once the president announces them.

 

btw, it sounds like you might need to amend your bylaws to lower the quorum requirement....if you can get a quorum together to  do so.

[Guest Brodie Miller]

Thank you very much for your prompt reply, Richard.

 

The organization is a student run not for profit and the elections take place via secret ballot, with all 10,000+ members having an opportunity to vote. It is interested to hear that there is no need for the board to approve the results. I would imagine that this is simply a precedent that has been followed annually.

 

Are you able to confirm at what point it becomes too late to raise a point of order regarding the results? I would presume that this would need to occur prior to the end of the current boards term.

 

The organization often has issues with quorum nearing the end of the term, but this is due to our board being comprised of students who have final examinations to prepare for. With that said, it has often lead to headaches!

 

Thank you again,

 

Brodie

[Richard Brown]

What do your bylaws say about conducting elections?  I would think that with an organization with that many members, the bylaws probably have provisions concerning conducting elections, counting the ballots, announcing the winners, etc.   I imagine that is where you will find your answers.  If your bylaws really are silent about this issue, let us know.

[Richard Brown]

10,000 + members is a smallish organization?   I  have to wonder what you would call a neighborhood garden club......

 

You told us how many members you have (or how many vote...I can't tell which it is), but you did not say how they vote.  Is it in a meeting?  By voting at a polling  place or places over a few days?  By mail?  By email?

 

I'm pretty confident your bylaws and other rules will give you direction as to how,  when and by whom the ballots are to be counted and how, when and by whom the winners are announced.  If not, let us know and we will try to help you more.

 

Edited to add:  Since RONR frowns on all forms of absentee voting, it has very little to say about it other than some general guidelines for mail ballots.  It is up to organizations utilizing absentee voting (mail ballots, email voting, voting  at polling places, etc) to develop their own rules for doing so.

[Gary Novosielski]

I'm a little confused about the requirement that, after the election is complete, there is some sort of "approval" of the results.

 

Nothing like that is required in RONR.  The results are simply announced, and the election is complete.  No approval step.