New Rules Regarding Expired Terms

[Guest Manuel Eugenikos]

Regarding the new rules added for situations related to the pandemic,  I have the following question:   I am an ex officio member of the Board of an organization that utilizes RONR.   The bylaws make no provisions for members remaining past the expiration of their term,  and the terms of the last board expired in October of 2020.    In spite of my objections, the members whose terms had expired met in January of 2020,   however they have not met either in person or virtually since that time,  and no general membership vote has been conducted since October of 2019.   What is the status of the board,  and being that I am a documented ex officio,  am I the sole remaining legitimate member? 

[Guest Zev]

12 minutes ago, Guest Manuel Eugenikos said:

In spite of my objections, the members whose terms had expired met in January of 2020,...

Did you mean to say "January 2021"?

[Richard Brown]

2 hours ago, Guest Manuel Eugenikos said:

The bylaws make no provisions for members remaining past the expiration of their term,

Please quote for us, verbatim, EXACTLY what your bylaws say about the terms of office of officers and board members.  Please quote exactly, don't paraphrase, and be sure to include any language about officers (or board members) serving until their successors are elected.

 

2 hours ago, Guest Manuel Eugenikos said:

being that I am a documented ex officio,  am I the sole remaining legitimate member? 

What do you mean by you being "a documented ex officio"?  By what provision are you an ex officio member?

[Guest Manuel Eugenikos]

On 5/19/2021 at 8:33 PM, Guest Zev said:

Did you mean to say "January 2021"?

Yes,  sorry.  That should read "January of 2021".     Now that I recall the board actually had two meetings after their terms had expired,  neither of which I was present for. 

[Guest Manuel Eugenikos]

On 5/19/2021 at 10:26 PM, Richard Brown said:

Please quote for us, verbatim, EXACTLY what your bylaws say about the terms of office of officers and board members.  Please quote exactly, don't paraphrase, and be sure to include any language about officers (or board members) serving until their successors are elected.

 

What do you mean by you being "a documented ex officio"?  By what provision are you an ex officio member?

I am the pastor of a church,  and the bylaws state that I am an officer of the parish by virtue of my position. Specific to this, the bylaws state that the Parish Council "will consist of the Trustees, five duly elected Church Officers, and the Pastor.  The Church Officers shall consist of the following elected officers: President, Vice President, Treasurer, Financial Secretary, and Recording Secretary".    Our parish is under a ecclesiastical hierarchy,  that is, a bishop,  who assigned me as the pastor some years ago and issued the appropriate documentation on the assignment.   That document remains in effect.   In most other instances, however, the bishop permits the local bylaws to regulate parish life,  and tends not to challenge them.   The term of every officer except for myself has expired, which is why I'm seeking clarification on the ruling regarding the bylaws. 

 

Regard the exact wording of the bylaws, these are direct quotes that are applicable:

"Church officers shall be elected by a majority vote of the parishioners in good standing present at the annual parish meeting.  Church officers shall be elected to a one year term." 

"All officers elected at the annual parish meeting and current trustees shall assume their duties upon taking the prescribed oath of office from the Pastor immediately following the election"

"Officers may be elected for successive terms"

"The meeting of the Church Council shall be governed by Roberts Rules of Order"

There are no provisions in the bylaws for officers whose terms have expired.   The term of service for a trustee is not specified except for the language that states they must be sworn in at each annual parish meeting.   Trustees are nominated and elected by the church council as needed at regular monthly meetings.   There are no provisions in the bylaws for Trustees who have not been duly sworn at an annual meeting,  and we have not had an annual meting since October of 2019. 

[Richard Brown]

 

2 hours ago, Guest Manuel Eugenikos said:

Church officers shall be elected to a one year term."

That provision in your bylaws is problematic and leads me to believe that, unless there is some applicable state law or governor's proclamation, the terms of the elected officers have indeed expired.  If the bylaws said that "Church officers shall be elected to a one year term or (or and) until their successors are elected", you would be covered.  That language.... that officers and directors continue to serve until their successors are elected.... is what is recommended by RONR and is designed to prevent just this situation.