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election qualification


Guest Magda Amado
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The Dept. of Labor investigated a protest to our election of officers. They concluded one officer was not in good standing and a new election for the office must be held. Must the officer resign or should the Board suspend the officer and appoint a qualified member  until such time as the new election is held 

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This all sounds like more of a legal question than parliamentary.  But if the person was, somehow, objectively not qualified to serve then he/she wasn't IN office right from the get-go.  Thus no need to resign since he/she isn't in any office to resign from. The chair should just rule (on the point of order about "good standing") that the office is vacant.

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I think we need more information in order to weigh in on this with any authority. Is this organization a public body?  Where does the Dept of labor get the authority to tell an organization it must remove an officer? Is this a labor union? Does the Dept of labor have that authority? If so, it may be, like jstackpo said, that the office never legitimately held the office in the first place. 

Please provide us with more information about the organization and the situation.

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5 hours ago, Guest Magda Amado said:

The Dept. of Labor investigated a protest to our election of officers. They concluded one officer was not in good standing and a new election for the office must be held. Must the officer resign or should the Board suspend the officer and appoint a qualified member  until such time as the new election is held 

If your bylaws (or a procedural rule of law) require officers to be in good standing to hold office, the election of someone not in good in standing would be null and void (p. 445, ll. 19-22).  Such a person could be removed from office, by the organization, by a point of order.

I do not know if there is a requirement in your bylaws (or a procedural rule of law) that requires officers to be in good standing to hold office or if the individual is ineligible for office, on that or any other ground. 

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