Guest Sunshine 62 Posted September 24, 2018 at 07:20 PM Report Share Posted September 24, 2018 at 07:20 PM By Laws state candidate must have certain # of hours at center to be candidate for board. since no one had hours, executive board wants to remove it for this election only. But one of the board members going off has complained that the executive board cannot so that and she should be able to stay on the board, without an election, because she has the hours. Can the executive board make the decision to remove it for just this election or not. Also does the out going board member have the right to just say she is staying or is an election required,(Actually 3 members are going off the board at this time). Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted September 24, 2018 at 07:50 PM Report Share Posted September 24, 2018 at 07:50 PM 27 minutes ago, Guest Sunshine 62 said: By Laws state candidate must have certain # of hours at center to be candidate for board. 28 minutes ago, Guest Sunshine 62 said: Can the executive board make the decision to remove it for just this election or not. Not. 28 minutes ago, Guest Sunshine 62 said: Also does the out going board member have the right to just say she is staying or is an election required,(Actually 3 members are going off the board at this time). Exactly what's going on with this one is not totally clear to me, but as a general rule, incumbents cannot declare that they will remain in office without an election. If your bylaws do not call for a ballot vote, and there is only one qualified candidate, then she will be the only candidate, and will be declared elected by the chair (presumably). If the bylaws do require a balloted vote, then a balloted vote is required. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted September 24, 2018 at 10:16 PM Report Share Posted September 24, 2018 at 10:16 PM 2 hours ago, Guest Sunshine 62 said: Also does the out going board member have the right to just say she is staying or is an election required,(Actually 3 members are going off the board at this time). An election is required according to your bylaws. Until then, the outgoing member will remain in office if your bylaws say that the term lasts "and/or until a successor is elected" or words to that effect. If the bylaws give only a fixed term, then she is out at the end of the time period. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted September 24, 2018 at 10:23 PM Report Share Posted September 24, 2018 at 10:23 PM 2 hours ago, Guest Sunshine 62 said: Also does the out going board member have the right to just say she is staying or is an election required,(Actually 3 members are going off the board at this time). Is this outgoing board member term limited out? Or did she just decide not to run again? If she is term limited, she is not eligible to serve another term. However, depending on the wording of your bylaws regarding length of terms, and whether they say an officer continues to serve until his successor is elected, she might be able to continue to serve until such time as someone is elected to the position. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 24, 2018 at 10:46 PM Report Share Posted September 24, 2018 at 10:46 PM (edited) 3 hours ago, Guest Sunshine 62 said: Can the executive board make the decision to remove it for just this election or not. No, unless the bylaws so provide. 3 hours ago, Guest Sunshine 62 said: Also does the out going board member have the right to just say she is staying or is an election required, No, but it doesn’t seem it will be very difficult for her to be elected, given the lack of competition. Edited September 24, 2018 at 10:46 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
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