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Nomination of ineligible persons to Board by Nominating Committee-How to proceed?


M Goodman
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We have a problem with our proposed slate in that 2 members nominated are ineligible. Currently the 2 nominated have submitted their applications to the club, but are not members yet and the Club has not had a meeting since they submitted their applications.

SECTION III. Election to Membership. Each applicant for membership shall apply on a form as approved by
the Board of Directors and shall provide that the applicant agrees to abide by the Constitution and By-laws of
the Portuguese Water Dog Club of Greater Chicagoland, and the rules of the American Kennel Club and the
Portuguese Water Dog Club of America, Inc. The application shall state the name, address, and interests of
applicant and it shall carry the endorsement of two members in good standing. Accompanying the application,
the prospective members shall submit dues payment for the current year.
All applications are to be filed with the Secretary and each application is to be read and voted upon at the first
meeting of the club following its receipt. At the next Club meeting, the application will be voted upon. The
affirmative votes of 2/3 of the membership present and voting at that meeting shall be required to elect the
applicant.

ARTICLE III
Directors and Officers
SECTION I. Board of Directors. The Board shall be comprised of the Officers and five other persons, all of
whom shall be members in good standing and all of whom shall be elected for two-year terms at the Club’s
Annual Meeting as provided in ARTICLE IV and shall serve until their successors are elected.
General
management of the Club’s affairs shall be entrusted to the Board of Directors. Any Board member who fails to
attend two Board meetings within a twelve-month period may be removed by a majority vote of the other
members of the Board.

The slate was sent out in a timely fashion per the bylaws and the membership received the notification of the slate. And when I spoke with the president about they stated the slate cannot be changed because of the following.

SECTION IV. Nominations. No person may be a candidate in a Club election who has not been nominated.
During the month of August, the Board shall select a Nominating Committee consisting of three members and
two alternates, not more than one of who may be a member of the Board.
The Secretary shall immediately
notify committee members and alternates of their selection. The Board shall name a Chair for the Committee
and it shall be such person’s duty to call a committee meeting, which shall be held on or before the 1st day of
September.
a) The Committee shall nominate one candidate for each office and position on the Board which is
due for election, and, after securing the consent of each person so nominated, shall immediately
report their nomination to the Secretary in writing. Five nominees will be elected in odd-numbered
years, and four nominees will be elected in even-numbered years, to make up a nine-person
Board of Directors. Two officers will be nominated in each election.
b) Additional nominations may be made by any voting member in the month of August, provided that
the person so nominated does not decline when their name is proposed, and provided further that
the proposer shall present to the Secretary before September 1st, a written statement from the
proposed candidate signifying willingness to be a candidate for such position. No person may be
a candidate for more than one position.
c) Upon receipt of the Nominating Committee’s report and the nominations of the membership, the
Secretary shall before September 15, notify the membership in writing of the candidates so
nominated.

d) Nominations cannot be made at the Annual Meeting or in any manner other than as provided in
this SECTION.

Also of possible relevance to timing is that the annual meeting is October 23, 2021. This is what our bylaws state.

SECTION I. Club Meetings. The Club shall have three general meetings during the year. The meeting in the
4th quarter shall be for the purpose of Election of Officers and Directors. This meeting shall be held during the
month of October. This meeting shall be held within the greater Chicago area at such hour and place
designated by the Board of Directors. Written notice of each such meeting shall be mailed by the Secretary at
least 10 days prior to the date of the meeting.
The quorum for such a meeting shall be no less than 20% of
the voting members in good standing.

 

So what does one do in this situation? The only thing I could find in RONR is 46:17.  Would it maybe treated like a vacancy? Would the Nominating Committee go back? How do you handle this type of situation?

HELP!

 

Best,

Mary

 

 

 

 

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The names of the people have to be presented to the club at 2 meetings for membership.

All applications are to be filed with the Secretary and each application is to be read and voted upon at the first
meeting of the club following its receipt. At the next Club meeting, the application will be voted upon. The
affirmative votes of 2/3 of the membership present and voting at that meeting shall be required to elect the
applicant.

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Well, it sounds like you are the victim of your own overly restrictive bylaws.  Be careful what you vote for.

I haven't read your bylaws in their entirety, but I don't see anything in what you quoted that would prevent write-in candidates, which RONR does permit.

At the meeting, someone should raise a point of order that the two names are not eligible for election and the chair would presumably rule the point well taken.  If the ballots have already been printed, the chair should instruct the voters to cross out those names, and that any votes for them will be counted as illegal votes.  There should be space on the ballot for write-in votes, but if not, the chair should instruct the voters where and how to indicate their preference for any person who, but for the lack of a nomination, would be eligible to hold office.

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One of the very purposes of having a Nominating Committee is for the committee to determine the eligibility of people it is interested in nominating, so that the electing body does not have to do the investigation itself.  I do not think I understand how it happened that the ineligible people ended up on the "slate" of people reported by the Nominating Committee.  How did this happen?  Is the committee not carefully vetting the possible nominees?  Why not?

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On 9/17/2021 at 1:57 PM, Rob Elsman said:

One of the very purposes of having a Nominating Committee is for the committee to determine the eligibility of people it is interested in nominating, so that the electing body does not have to do the investigation itself.  I do not think I understand how it happened that the ineligible people ended up on the "slate" of people reported by the Nominating Committee.  How did this happen?  Is the committee not carefully vetting the possible nominees?  Why not?

Very true.  RONR provides that the Nominating Committee should reconvene and fix the problem, but given all the other restrictions in the bylaws, this is probably impossible.  Your bylaws seem to assume that nothing will ever go wrong anywhere.  That assumption may have been unwarranted.

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