Russ Brown Posted June 13, 2018 at 04:10 PM Report Share Posted June 13, 2018 at 04:10 PM Our By Laws provide that our Board of Directors will be elected for a two year term. Last AGM a Director was elected for a one year term of office notwithstanding the By Law. No one objected, and no point of order was raised. So the question is, and notwithstanding the election being incorrect, was the Director elected for two years because of the By Law, or one year because no one raised a point of order? Any advice would be appreciated so the matter is dealt with properly this year. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted June 13, 2018 at 05:01 PM Report Share Posted June 13, 2018 at 05:01 PM I'm thinking he was elected to a two year term, but off the top of my head I can't cite you to any particular provision in RONR to back that up. Others might disagree. And might have a citation. Interesting question. Stay tuned. Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 13, 2018 at 05:16 PM Report Share Posted June 13, 2018 at 05:16 PM Was this person actually elected or was there a vacancy on the Board that this person is filling for the remainder of the term? Also, are the elections staggered (a portion are elected one year and the remainder are elected the next year)? Quote Link to comment Share on other sites More sharing options...
Russ Brown Posted June 13, 2018 at 05:32 PM Author Report Share Posted June 13, 2018 at 05:32 PM The person was elected, he was not filling in the remainder of a term. The elections are not currently staggered, we have to incorporate wording in our By-laws to make that possible.. And that is something that we should probably do. Any suggestions on appropriate wording? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted June 13, 2018 at 06:32 PM Report Share Posted June 13, 2018 at 06:32 PM 56 minutes ago, Russ Brown said: The person was elected, he was not filling in the remainder of a term. The elections are not currently staggered, we have to incorporate wording in our By-laws to make that possible.. And that is something that we should probably do. Any suggestions on appropriate wording? I concur with Mr. Brown that if your bylaws say that board members shall serve for two-year terms, then this person shall serve for a two-year term, despite any erroneous statements made during the election. “X positions will be elected in even-numbered years and X positions will be elected in odd years.” You’ll also want to adopt a proviso to handle this transition. Obviously, for the first year this is done, you’ll need to elect all the board members, but some of them should be assigned either a one-year term or a three-year term, so the staggered elections will work properly in future years. Quote Link to comment Share on other sites More sharing options...
Russ Brown Posted June 13, 2018 at 08:27 PM Author Report Share Posted June 13, 2018 at 08:27 PM Thank you...much appreciated Quote Link to comment Share on other sites More sharing options...
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