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Waiving Requirements for an Elected Office


jpyrek

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In our organization, our Policies and Procedures have requirements for various elected offices (President, Secretary, etc).  Our Board of Directors has the ability to waive requirements so that certain individuals would eligible to run and be voted on by the general membership.  We have an issue where according to our minutes a member was waived in Nov of 2013 and since that time, the P&P has changed.   Since a specific requirement was not cited and just that all requirements were being waived, per Roberts Rules of Order, would this person's waiver still be honored or not?

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In our organization, our Policies and Procedures have requirements for various elected offices (President, Secretary, etc).  Our Board of Directors has the ability to waive requirements so that certain individuals would eligible to run and be voted on by the general membership.  We have an issue where according to our minutes a member was waived in Nov of 2013 and since that time, the P&P has changed.   Since a specific requirement was not cited and just that all requirements were being waived, per Roberts Rules of Order, would this person's waiver still be honored or not?

 

I haven't the slightest idea. RONR doesn't provide a mechanism to waive requirements for holding office. If your rules provide for such a thing, your organization will need to interpret how those rules work.

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It might be of some help if you keep in mind that per RONR, adopted motions are of continuing effect and remain in force indefinitely, until rescinded or amended or unless stated otherwise in the motion.  Honorary memberships are perpetual unless provided otherwise.  That has no direct bearing on your situation, but might useful in helping you to interpret your bylaws and whether the "waiver" is still in force. 

 

It might also be helpful to keep in mind that when there is a motion to suspend the rules in RONR in order to do something otherwise prohibited, it is not necessary to state which particular rules are being suspended, but rather to "suspend the rules which interfere with the proposed action".  RONR pp. 260 - 262.

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It might also be helpful to keep in mind that when there is a motion to suspend the rules in RONR in order to do something otherwise prohibited, it is not necessary to state which particular rules are being suspended, but rather to "suspend the rules which interfere with the proposed action".  RONR pp. 260 - 262.

 

That's true, but presuming that the change added some new requirement that the candidate did not meet--one that was not in effect at the time of the original vote--it's conceivable that it could have affected the vote had it been in place then.

 

For that reason and several others, I have to agree with Josh's response:  I have no idea.

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