Eligibility for a position

[Guest phermes]

I'm not sure how to handle this.

My organization produces a slate each year for our board for the membership to vote on. The slate is produced in February, nominees from the floor are accepted until June 1. The election is held July 1-Aug 1. The new term begins Oct 1, so the winners of the election take their positions at that time. Each term lasts 2 years.

Our bylaws state: "Nominees for President and Vice President, must have served at least one term on the Board of Directors."

 

Here is the question: if a board member is in the last year of of their first term, can they be nominated for either president or vice president?

At the time they are nominated, they will not have completed their first term on the board. BUT - by the time they took office, they would have.

I feel like they would have to complete an ENTIRE term before being eligible for nomination, but I'm not sure.

[Gary Novosielski]

Ultimately it is up to your society to interpret the meaning of its own bylaws.  However, if you're seeking an opinion:

If the bylaws had provided that a single term was necessary in order to serve as president or vice president, there would be no question that the last year of that term would be complete before the candidate took office.

If they provided that a single term was necessary in order to be elected to either office, it becomes muddier, since it depends on a precise hair splitting of when a term ends.

But they provide that serving a single term is necessary to be nominated for either office.  But before you conclude that that settles it, read on.

The rule says at least "one term".  Not one full term, or one complete term, but one term.  Elsewhere in RONR (56:31) we find this rule: 

Quote

Since a reasonable rotation in office is desirable in almost all organizations, a section of this article may well provide that “No person shall be eligible to serve… consecutive terms [specifying the number] in the same office.” For purposes of determining eligibility to continue in office under such a provision, an officer who has served more than half a term is considered to have served a full term in that office. 
   [emphasis added]

Granted that it says this applies to a provision for term limits, not eligibility for nomination, but then again RONR has no comparable advice for a provision like yours, so we don't know what it might say.  That's why the ultimate decision is yours.

I would also point out that even if you should decide that someone could not be nominated, there is nothing in the language you quoted to prevent such a person, if otherwise eligible, from being elected even if not nominated, or from serving if elected, such as by a write-in vote, which all ballots should provide sufficient space for.

Edited April 19, 2023 at 05:43 PM by Gary Novosielski

[Josh Martin]

On 4/19/2023 at 10:35 AM, Guest phermes said:

Here is the question: if a board member is in the last year of of their first term, can they be nominated for either president or vice president?

It will ultimately be up to the organization to interpret its own bylaws, but generally I am inclined to think that such persons are eligible. In the long run, it may be desirable to amend the bylaws for clarity on this matter.

I concur with Mr. Novosielski that it would be desirable to amend the rule so that it refers to eligibility to serve, which I think is much clearer.

[Richard Brown]

I agree with my colleagues, and especially with Josh Martin, that (1) it is ultimately up to the members of this organization to interpret its bylaws and (2) that I believe an interpretation that a member who is nearing completion of his first term in office meets the qualification.  Using a strict interpretation standard, that might not be the case, but I think the more realistic interpretation is that such a member is qualified.   He certainly can be elected by means of a write-in vote without actually having been nominated.  A person does not have to be nominated in order to be elected via a write-in vote.  I also agree that the bylaws should be amended to clarify this situation.  One such possible variation would be that "Nominees for President and Vice President must have served at least one term on the Board of Directors by the time they assume office."

Another option is to require service on the board for a period of One year (or 18 months).  As a practical matter, I personally believe that a board member gains quite a bit of experience in one year.

Edited April 20, 2023 at 03:23 AM by Richard Brown
Added last paragraph

[Guest phermes]

OK, that is very helpful. Thank you for the great replies!!