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Guest Greg Stewart

Violating nomination criteria post-election

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Guest Greg Stewart

Our association bylaws state that in order to stand for election the nominee cannot be a director of another health care association. A recent discovery found that our current President became a director of a National association on the day after he was elected to our Board. There was no disclosure of such. What is the proper process going forward? Can he still be on the Board? How is he removed? Is there another election of officers? Is the losing candidate at the last election replace him at the table? 

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11 minutes ago, Guest Greg Stewart said:

Our association bylaws state that in order to stand for election the nominee cannot be a director of another health care association. A recent discovery found that our current President became a director of a National association on the day after he was elected to our Board. There was no disclosure of such. What is the proper process going forward? Can he still be on the Board? How is he removed? Is there another election of officers? Is the losing candidate at the last election replace him at the table? 

From your facts it seems no rule was violated at the time of the election. 

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22 minutes ago, Guest Greg Stewart said:

Our association bylaws state that in order to stand for election the nominee cannot be a director of another health care association. A recent discovery found that our current President became a director of a National association on the day after he was elected to our Board. There was no disclosure of such. What is the proper process going forward? Can he still be on the Board? How is he removed? Is there another election of officers? Is the losing candidate at the last election replace him at the table? 

What is the exact wording in your bylaws on this subject?

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1 hour ago, Guest Greg Stewart said:

Our association bylaws state that in order to stand for election the nominee cannot be a director of another health care association. A recent discovery found that our current President became a director of a National association on the day after he was elected to our Board. There was no disclosure of such. What is the proper process going forward? Can he still be on the Board? How is he removed? Is there another election of officers? Is the losing candidate at the last election replace him at the table? 

If we can count on your paraphrasing of the bylaws, when he stood for election he was not a director of another association. The devil, however, is in the details, i.e., the exact wording of your bylaws rule.  

One thing is fairly sure: losing candidates are never elected, since they could not possibly have had a majority of the vote.

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