Board Member Re-election Process

[Guest Maggie]

(1) When a Board Member is re-elected (via AGM), does the Board Member have to sign a new/updated contract each time they are re-elected? 

(2) If a Board Member is elected outside of the timeframe of the AGM, does there contract continue to extend from the date they initially signed the contract. Or can we adjust the start date of the extension to correspond with the AGM date. 

For example: Our AGM is held in April. We have a Board Member who began in October 2019. Would their contract continue to extend from October to October (year to year )? Or can we adjust the start date of the extension and suggest that their extension begins April 2021, so we can get their term to fall back in like with the AGM date when board members are re-elected. 

^^ Our by-laws do not specify anything about either of these questions. So I am looking for best practices. 

Thanks for any insight :) 

[Richard Brown]

58 minutes ago, Guest Maggie said:

 

(1) When a Board Member is re-elected (via AGM), does the Board Member have to sign a new/updated contract each time they are re-elected? 

 

That is an internal and legal matter for your organization and is outside the scope of this forum. RONR has nothing to say about such matters. Any requirement for a contract would have to be in your own bylaws or rules.

1 hour ago, Guest Maggie said:

2) If a Board Member is elected outside of the timeframe of the AGM, does there contract continue to extend from the date they initially signed the contract. Or can we adjust the start date of the extension to correspond with the AGM date. 

Same answer as for question # 1 above.

[Josh Martin]

1 hour ago, Guest Maggie said:

For example: Our AGM is held in April. We have a Board Member who began in October 2019. Would their contract continue to extend from October to October (year to year )? Or can we adjust the start date of the extension and suggest that their extension begins April 2021, so we can get their term to fall back in like with the AGM date when board members are re-elected. 

If a board member is elected to fill a vacancy, the person is elected to fill the remainder of the unexpired term. So if the term of the member this person replaced would have expired in April 2021, then this person's term will likewise expire in April 2021.

I agree with Mr. Brown, however, that what this all means for any contracts the organization signs with its board members is ultimately a legal question which is beyond the scope of RONR and this forum.

[Maggie D]

Thanks so much for the feedback everyone! This is a really helpful starting point 🙂