Election of Nominating Committee Term

[Nicole Allmon-Learson]

I belong to an organization whose bylaws state that, “Chapter elections shall be by ballot…” Also, it states that 1) the nominating committee of 7 shall be elected during the regular chapter election or a special election if necessary; 2) “Elected members shall include a Nominating Committee Chair”; and 3) the committee members serve a 2-year term. Also note that the nominating committee chair serves on the board of directors. The nominating committee prepares the slate of candidates to the board. And any member of the nominating committee who becomes a candidate for election must resign from the committee.

Question 1: Should the election of the nominating committee (and chair) be by ballot as well? Question 2: If the nominating committee prepares the slate of candidates to the Board, does that include the nominating committee chair (conflict)? Question 3: If a slate is to include the nominating committee chair, my interpretation is that, if a candidate is not elected as committee chair that DOES NOT mean that she is automatically considered and elected to the committee (unless also a candidate for the committee). And once the chair is elected, there will only be 6 available vacancies for the nominating committee during the election. Is that interpretation correct?

[Joshua Katz]

56 minutes ago, Nicole Allmon-Learson said:

Question 1: Should the election of the nominating committee (and chair) be by ballot as well?

Well, this is really an interpretation of your bylaws, which only your organization can do (via points of order and appeals). My personal opinion, which does not matter and is uninformed since I haven't read the rest of your bylaws, is that this election sounds like an election taking place at the chapter, and hence would be by ballot. But, again, it's quite easy for something else to change my mind, which is why bylaws need to be interpreted in context, and by the organization.

58 minutes ago, Nicole Allmon-Learson said:

Question 2: If the nominating committee prepares the slate of candidates to the Board, does that include the nominating committee chair (conflict)?

It sounds like it. The nominating committee chair is a board member ex officio - just like the President is. But, again, see above. However, if in fact it does include the nominating committee chair, I do not see that as a conflict except, perhaps, when the chair runs for reelection. Certainly, the chair then has a personal interest, but it's not clear to me that it is one not in common with the rest of the committee, since the goal is to find the best candidates. 

However, unless your rules say otherwise, there are no "slates." The nominating committee does not select just one candidate. The piece in your question about a slate is not in quotes, so I do not know what your bylaws say on the subject. RONR does not say that nominating committees select slates. 

In a somewhat related note, RONR says that, if the President is made ex officio a member of all committees, the nominating committee should be excluded, presumably to avoid the concern you raise. But that applies only where the President's role there is ex officio. I see nothing suggesting that the President cannot be independently put on the committee, and this case seems slightly more analogous to that.

1 hour ago, Nicole Allmon-Learson said:

Question 3: If a slate is to include the nominating committee chair, my interpretation is that, if a candidate is not elected as committee chair that DOES NOT mean that she is automatically considered and elected to the committee (unless also a candidate for the committee).

I don't understand the question, and to the extent I do, I don't think I know enough about your election process to answer it. How do your elections operate?

[Guest Nik]

46 minutes ago, Joshua Katz said:

Well, this is really an interpretation of your bylaws, which only your organization can do (via points of order and appeals). My personal opinion, which does not matter and is uninformed since I haven't read the rest of your bylaws, is that this election sounds like an election taking place at the chapter, and hence would be by ballot. But, again, it's quite easy for something else to change my mind, which is why bylaws need to be interpreted in context, and by the organization.

It sounds like it. The nominating committee chair is a board member ex officio - just like the President is. But, again, see above. However, if in fact it does include the nominating committee chair, I do not see that as a conflict except, perhaps, when the chair runs for reelection. Certainly, the chair then has a personal interest, but it's not clear to me that it is one not in common with the rest of the committee, since the goal is to find the best candidates. 

However, unless your rules say otherwise, there are no "slates." The nominating committee does not select just one candidate. The piece in your question about a slate is not in quotes, so I do not know what your bylaws say on the subject. RONR does not say that nominating committees select slates. 

In a somewhat related note, RONR says that, if the President is made ex officio a member of all committees, the nominating committee should be excluded, presumably to avoid the concern you raise. But that applies only where the President's role there is ex officio. I see nothing suggesting that the President cannot be independently put on the committee, and this case seems slightly more analogous to that.

I don't understand the question, and to the extent I do, I don't think I know enough about your election process to answer it. How do your elections operate?

I was leaning toward the same regarding the ballot vote. The nominating committee chair is ex officio (votes and is counted for quorum) and should that person no longer be the committee chair, she is no longer on the board.

The bylaws are silent regarding the specifics around the "slate." I've not been in the organization long, but I get the impression that the nominating committee is "encouraged" to identify and vet multiple candidates for each office. And then present that to the membership. Although if that's not possible, it may only be 1 candidate per office.

To clarify, if the nom committee presents a candidate for the nom committee chair then a ballot is distributed to voting members with that candidate. If that person does not receive a majority vote, that precludes her from being elected as chair and to the nom committee (unless she is also on the ballot for nom committee member as well).

Members receive in this order: a ballot for officers, after the collection of those ballots, then a ballot for the nominating committee chair and then a ballot for the nominating committee members.

[Joshua Katz]

1 hour ago, Guest Nik said:

To clarify, if the nom committee presents a candidate for the nom committee chair then a ballot is distributed to voting members with that candidate. If that person does not receive a majority vote, that precludes her from being elected as chair and to the nom committee (unless she is also on the ballot for nom committee member as well).

 

My only comment here is that, unless your bylaws say otherwise, RONR says write-ins are allowed. So even if not on the ballot, unless there is an obstacle in your rules, such a person could be elected to the committee.