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Term Limit of Officer


Guest Sushine62
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Our  Bylaws state that the President and Vice President will serve a term of 2 years or until successor is elected.  If a

board members feels they should run for President or Vice President and only have 1 year left of a 3 year term, can they

still be nominated for a 2 year position?

 

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Our president and Vice president have both completed a 2 year term, the nominating committee has some one that has 2 years left, but a board members wants to nominate some one that only has 1 (ONE) year left, and the TERM for Pres and VP  is 2 YEARS. CANE THEY BE NOMIONATED???

 

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We have 6 boards members that could become President or VP and all 6 do have 2 or 3 years left on the Board. Also 2 of these board members are being nominated for Pres and VP.  One of the board members that only has 1 year left is the one that wants to nominate another member that only has 1 year left on their term.

The verbiage in our by laws states "The President and Vice-President shall serve for a two-year term or until successor is elected. They may not succeed themselves. Sec and Treasurer shall be elected every year. All Directors shall serve a term of three years and maybe reelected.

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Unless the By-laws specifically states something to the effect of "No individual shall be elected to two separate positions" then the person could be elected to the second position and continue to hold both positions.  Even if the state this, nothing would prevent the person from being elected to the second position and then resigning from the first position unless the By-laws specifically state something like this: "No current member of the Board shall be elected to another position on the Board unless they have completed the term of their original position."  However, as you have different terms for different members of the Board, this second requirement would allow members to be elected as directors, but would limit their rights to run for other positions.

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It looks like the officers are elected from the board, and remain on the board.  Nothing we've seen indicates that in order to be elected president for two years you must have two years left on your board term, although that sounds like it might be reasonable.  

The question is, do the bylaws give any guidance beyond what has been presented so far.

I can tell you that a more common arrangement for this sort of situation where board members have different lengths left on their terms is to make the term of an officer one year, so that everyone on the board is equally able to fulfill a complete term as officer.

But your bylaws apparently don't do that, and so far we've seen nothing that decides the matter one way or another.  So far, it appears that someone with a year left on the board can run for a 2-year term as president.  What happens at the end of the year we don't know, but we hope the bylaws will tell us.  If the bylaws say that serving as an officer is conditional upon being a board member, then that person, if elected president and not reelected to the board would no longer be president.   Or, they might remain as president, but no longer be a board member, in which case they could preside, but could not vote or exercise other rights of membership.

At present, having not read the bylaws we can't say, and as non-members, our opinion on what your bylaws mean doesn't count for much, but have a look and see if you can find anything in your bylaws.

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We have 6 boards members that could become President or VP and all 6 do have 2 or 3 years left on the Board. Also 2 of these board members are being nominated for Pres and VP.  One of the board members that only has 1 year left is the one that wants to nominate another member that only has 1 year left on their term.

The verbiage in our by laws states "The President and Vice-President shall serve for a two-year term or until successor is elected. They may not succeed themselves. Sec and Treasurer shall be elected every year. All Directors shall serve a term of three years and maybe reelected.

Yes you have to be a board member to hold office. The Board members are staggered so that NOT all board members go off the board at the same time. Only 3 board members go off every year and new ones (ones going off can be voted back on)  must sign up to be a candidate. We do this so that all board members are equally able to fulfill a complete term as officer if nominated.

The Board elects all officers.

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On ‎11‎/‎3‎/‎2017 at 10:14 PM, Guest Sushine62 said:

Our  Bylaws state that the President and Vice President will serve a term of 2 years or until successor is elected.  If a

board members feels they should run for President or Vice President and only have 1 year left of a 3 year term, can they

still be nominated for a 2 year position?

 

The answer to this question will have to be found in your bylaws, since it won't be found in RONR.

You've quoted some of what your bylaws say about this, but certainly not all of what they say about it. If you want any additional assistance, I'm afraid that you will need to quote (not paraphrase) quite a bit more from your bylaws concerning what they say about the composition of your board, how its members are elected, what officers there shall be, what, if any, eligibility requirements there may be for holding office, how officers are to be elected, etc. My guess is that the answer to your question is in there somewhere, and that it won't be what H. H. H. has just suggested.  :)

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Article IV Board of Directors, Elections shall be held each year in October, All Directors shall serve a term of three (3) years and maybe reelected. Candidates must be a registered and paid member of the center for 3 months prior to August 31st. October Meeting candidates will be voted on by voting members. Nomination committee will find and present candidates for office in writing to the board , Board will vote for the officers from the candidates and other board members.

The President and VP shall serve for a two year term or until successor is elected. They may no succeed themselves. The Secretary and Treasurer shall be elected every year. All other directors shall serve a term of 3 years and may be reelected.

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Nothing what you quoted prohibits someone from being elected president at the start of his last year as a board member.  If, after a year, he is not re-elected to the board he will still continue as president/presiding officer for another year, but will not have any board-member rights and privileges.

Don't like that possibility?  Amend your bylaws.

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I agree with Dr. Stackpole. That is one strange bylaw article. For several reasons. 

Edited to add: someone who has only been nominated for the board, but not yet elected, can be elected president and vice president? That's the way I read what was quoted.

Edited by Richard Brown
Added last paragraph
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On ‎11‎/‎5‎/‎2017 at 7:24 AM, Guest Sunshine62 said:

Yes you have to be a board member to hold office. 

 

9 hours ago, Guest Sunshine62 said:

Article IV Board of Directors, Elections shall be held each year in October, All Directors shall serve a term of three (3) years and maybe reelected. Candidates must be a registered and paid member of the center for 3 months prior to August 31st. October Meeting candidates will be voted on by voting members. Nomination committee will find and present candidates for office in writing to the board , Board will vote for the officers from the candidates and other board members.

The President and VP shall serve for a two year term or until successor is elected. They may no succeed themselves. The Secretary and Treasurer shall be elected every year. All other directors shall serve a term of 3 years and may be reelected.

Something doesn't seem right here.

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