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stature

election term limits in bylaws not enforced

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Facts:

An Officer has a first term under title "Officer".  For the second term the title is "Officer" for the first half of the 2nd term and  changed to "Y Officer" for the second half of the 2nd term (changed due to bylaws).

The officer runs for election 6 months before the end of the 2nd term in office.  The bylaws specify that "an officer" (general language not specifying title)  is limited to 2 terms and has to wait a period of years before running again.  The nominating committee did not invalidate the candidate to run for office at a convention.  Meanwhile a bylaw proposal to make "Officer" and "Y Officer" (specific titles) to be considered a new/different position for term limit purposes did not pass and was voted down.  The organization is still under the old bylaws that state  "an officer" (general language) is limited to 2 terms.

 As of Jan 1 the person is now in a  '3rd term' as "an officer" ; but a second term as "Y Officer"  (half of first  term counts as one full term under RONR, and this year starting the second term as "Y Officer") .  Is this a continuing breach of bylaws that "an officer" is limited to two terms  that may be challenged under RONR procedures or did the nominating committee at the time of convention / election somehow make it decided ok ? 

My thought is that "an officer" is now in a 3rd term and it is a continuing breach.  My position is that the nominating committee didn't invalidate the candidate but that doesn't change that the 2nd term of "an officer" ended Dec 31 2015.  Further that even if the convention accepted the candidate to run that does not change that the person is not qualified under the bylaws to hold the position because the bylaws are the old bylaws.

Please share with  me if you disagree / agree with my position that this is a continuing breach that may be challenged under RONR.

 

 

 

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1 hour ago, stature said:

• The bylaws specify that "an officer" (general language not specifying title)  is limited to 2 terms and has to wait a period of years before running again. 

• The organization is still under the old bylaws that state  "an officer" (general language) is limited to 2 terms.

As of Jan 1 the person is now in a  '3rd term' as "an officer" ; but a second term as "Y Officer"  (half of first  term counts as one full term under RONR, and this year starting the second term as "Y Officer") . 

Is this a continuing breach of bylaws -- that "an officer" is limited to two terms  that may be challenged under RONR procedures -- or did the nominating committee at the time of convention / election somehow make it decided ok ? 

My thought is that "an officer" is now in a 3rd term and it is a continuing breach.  My position is that the nominating committee didn't invalidate the candidate but that doesn't change that the 2nd term of "an officer" ended Dec 31 2015.  Further that even if the convention accepted the candidate to run that does not change that the person is not qualified under the bylaws to hold the position because the bylaws are the old bylaws.

When you put it that way . . . :mellow:

A 3-time officer would seem to violate the 2-time rule.

***

Since no one here has read the original language, but only your paraphrase or the rule, I doubt you will get an authentic interpretation from a casual reader.

I would like to know how your colleagues rationalize their tolerance of voting-in a person who cannot serve, by rule.

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Based on the sketchy facts available, and having not read the bylaws in their entirety, it seems more likely than not that this would be a continuing breach under case a) on page 251, that the election of someone ineligible to hold office would be null and void, and that a point of order to that effect would remain timely even after the fact.

 

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