Parliamentarian opinion

[Guest Colleen Allen Grady]

We got an opinion from a Parliamentarian that our club election was “null and void” because the first ballot had an error so had to be reprinted, but the voters had the required 30 days with which to vote.  He provided no authority and his conclusions were that the incumbents would stay in their positions and even directors running in contested positions could vote on the election issues.  
Don’t Parliamentarians have an obligation to support their “opinions” with the authority in RONR on which they rely. This Parliamentarian is an attorney and failed to provide notice in his opinion that State Las prohibits directors with conflicts of interest from voting.

Thanks for your response.

Colleen Allen Grady

[Chris Harrison]

I can't speak about the 30 days because that rule doesn't exist in RONR and (if the rule indeed exists) those details would likely be located in the club's bylaws or applicable law.  As for the incumbents staying in office that may or may not be true depending on how the bylaws define their terms of office (RONR pp. 573-574).  Also, the law regarding a Director not voting when having a "conflict" might not be applicable in elections (RONR pp. 407-408).

[Richard Brown]

An opinion from a parliamentarian is just that — an opinion. The assembly itself has the final say, if a timely point of order is actually raised, as to whether the election was valid. The presiding officer, not the parliamentarian, makes the ruling on the point of order, but his ruling can be appealed to the assembly which has the final say. 

We need more information as to just what happened and what your bylaws say about such things as terms of office in order to give you any worthwhile advice. 

[Atul Kapur]

3 hours ago, Guest Colleen Allen Grady said:

Don’t Parliamentarians have an obligation to support their “opinions” with the authority in RONR on which they rely.

That would probably put the opinion on a stronger foundation and make it easier for members to understand and accept the rationale behind it. But it is not strictly necessary.

[Joshua Katz]

Agreeing with the above responses, I would add that your parliamentarian is familiar with your rules and governing documents, and we are not. As a result, I am not comfortable questioning his judgment. 

[J. J.]

I my opinion, a parliamentarian should cite sources in a written opinion.  That said, his opinion may be perfectly correct. 

[jstackpo]

37 minutes ago, J. J. said:

I my opinion, a parliamentarian should cite sources in a written opinion.  That said, his opinion may be perfectly correct. 

So where's your source? 

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