Rules regarding defining a member in good standing before an election

[Gavin]

Good day all,

Looking for some guidance as I"m having difficulty finding the answer,  I am the President of an Association (sport fishing) , our constitution reads "All questions of order not covered by the By-Laws shall be governed by the rules and regulations laid down by Roberts Rules of Order;

That being said, we have an election coming up at our AGM Sunday March 22 and our constitution does NOT define "membership in good standing" the Constitution simple reads "No member shall be eligible for office unless their membership is in good standing; ". I take it simply as anyone who is paid up/current can run for office/a Director position. I am gladly moving to Past President, however a few on the Board of Directors are pushing to make a motion to present & have a definition of "membership in good standing" accepted by the membership before the election on the same day to suit their needs as they don't want one of the NEW members to run for V.P.

What are the rules/guidelines regarding this, any info and input is much appreciated.  I have learned much already browsing the topics.

Thank you,

Gavin

[George Mervosh]

RONR defines it:

"*Members in good standing are those whose rights as members of the assembly are not under suspension as a consequence of disciplinary proceedings or by operation of some specific provision in the bylaws. A member may thus be in good standing even if in arrears in payment of dues (see pp. 406, 571–72). If only some of an individual's rights as a member of the assembly are under suspension (for example, the rights to make motions and speak in debate), other rights of assembly membership may still be exercised (for example, the rights to attend meetings and vote)."   RONR (11th ed.), p. 6fn

[Gavin]

Thank you for the definition.

Thoughts on using the RONR to shut down the other directors on presenting a motion to adopt a definition of "membership in good standing" right before the election on election day to suit their needs?

I should mention the Proxy Vote sheet has already gone out and votes have start to come in.

Thanks Gavin

Edited March 11, 2020 at 08:09 PM by Gavin
more info

[Bruce Lages]

In addition to Mr. Mervosh's RONR reference, I believe that any limitations on a member's right to vote can only be specified at the level of the bylaws. Therefore, any attempt by the membership to define what constitutes 'in good standing' by a main motion, to the extent that such a definition could deprive any member of the right to vote, must be ruled out of order.

[Gavin]

Thank you Bruce.

I guess my real question is , thoughts on using the RONR to shut down the other directors on presenting a motion to adopt a definition of "membership in good standing" right before the election on election day to suit their needs/agenda?

I should mention the Proxy Vote sheet has already gone out and votes have start to come in.

Thanks Gavin

[George Mervosh]

Re-read Mr. Lages answer.

7 minutes ago, Bruce Lages said:

In addition to Mr. Mervosh's RONR reference, I believe that any limitations on a member's right to vote can only be specified at the level of the bylaws. Therefore, any attempt by the membership to define what constitutes 'in good standing' by a main motion, to the extent that such a definition could deprive any member of the right to vote, must be ruled out of order.

 

[Gavin]

It's not that the other Directors don't want to allow him to vote they don't want the new member to be able to run for VP due to the fact he just signed up.

They only now realize there is a flaw in our Constitution, and want to change the "definition of membership in good standing" before the election on election day.

Thanks Gavin

Edited March 11, 2020 at 08:22 PM by Gavin
added

[George Mervosh]

Just now, Gavin said:

It's not that the other Directors don't want to allow him to vote they don't want the new member to be able to run for VP due to the fact he just signed up.

They only now realize there is a flaw in our Constitution, and want to change the "definition of membership in good standing"

Thanks Gavin

Qualifications for office are properly found only in the bylaws, and the bylaws would need to amended if that is their goal.  Redefining a member in good standing isn't going to cut it.

[Gavin]

2 minutes ago, George Mervosh said:

Qualifications for office are properly found only in the bylaws, and the bylaws would need to amended if that is their goal.  Redefining a member in good standing isn't going to cut it.

There it is,,,,MUCH thanks!

There are no qualifications for office described in the Constitution or bylaws, only states No member shall be eligible for office unless their membership is in good standing;

So now that leads me to the next question based on your response above, can bylaws be amended right before an election on election day which would prevent the new member from standing for VP?  I would think any work that is being done with respect to the Constitution at this point would be for the next term and next election 2 years from now? And this would've had to have been presented at our last AGM?

Sorry for all the questions, this has been all very consuming to say the least.

 

[Scott Fischer]

15 minutes ago, Gavin said:

So now that leads me to the next question based on your response above, can bylaws be amended right before an election on election day which would prevent the new member from standing for VP? 

Requirements for the amendment of bylaws should be specified in the bylaws.

If they are not, then notice and a two-thirds vote or a vote of a majority of the entire membership would be the requirement per RONR.

[Atul Kapur]

Amendments to the bylaws take effect immediately upon their adoption. So, if all the other requirements for bylaws amendments such as giving previous notice of motion are are met, then it can be done in time to affect the current election.

Note however that most by laws require previous notice for their amendment. Check your bylaws section on amendments. That may prevent this group from bringing up a bylaw amendment in time to effect this election.

[Gavin]

Thank you gentleman for your assistance and expertise.

As we move forward and grow as an association we're realizing the constitution has flaws and will require some work during the next term.

It appears they're realizing in order to define a member in good standing it's all encompassing and succinct it's hard to replace. They're now looking at adding in a footnote inline with RONR's definition.

Cheers, Gavin

[Atul Kapur]

Note that adding a footnote would require the same notice and vote as any other amendment to the bylaws.

This is analogous to the concept in RONR that even changes to captions and headings that "could have any effect on meaning" must be made by the assembly, under the rules for amending the bylaws. (RONR, p. 598, lines 31-35)

It certainly sounds like the footnote is planned in order to have an effect on meaning.