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CAN A SUSPEND THE RULES MOTION BE USED TO SUSPEND A BYLAW DETAILING ANNUAL ELECTIONS?


star1441

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We are a 501-c-6, non for profit business organization. Our annual elections of officers and board are covered in the bylaws in great detail:

Qualifications of candidates  in May, elections voting etc. in an election general meeting in June, term starts July 1.

The association is in turmoil, and consultants advised to scrap the annual election now in progress ,extend the term of the current administration to September, 

and hold the annual elections then.

Proposed and seconded to 'suspend the rules', to scrap the current election process, extend the current board's term,  and to start again in September.

Approved unanimously.

Is that valid?

Thanks

 

Yoram

 

 

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Under RONR, no.

Under your bylaws? I doubt it but you should have a parliamentarian review them.

Under the legislation that applies to your 501c(6)? That requires a legal opinion.

BTW, what body unanimously approved this? The executive board or the membership (although I am not certain that it changes the answer to your question).

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Hello-

The lawyers (ha..) who are advising our organization confirmed to me now that there is no legal basis for what they urged us to do.

The parliamentarian fell for it.

The board fell for it.

The general membership meeting fell for it.

If you do not do it ( cancel the ongoing, by the bylaw schedule election), and re-set to September,

the sky will fall.

Not unlike discovering that the security patrol you hired burglarized your home. Efficient but disheartening.

Thanks,

Yoram

 

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2 hours ago, star1441 said:

The lawyers (ha..) who are advising our organization confirmed to me now that there is no legal basis for what they urged us to do.

So just to be clear, the lawyers advised your organization to do this, and then admitted that, in fact, it is not legal to do this?

Your organization might want to get new lawyers. :)

Edited by Josh Martin
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