Nominating Committee / Elections

[Melanie]

What is the proper procedure when an organization’s nominating committee identifies an officer position #1 known as “person B” to fill this officer position currently held by “person-A” but “person-B” resigns after the organization’s vote but before the official date when “person-B” would have assumed office? Who is the current officer for position #1? Also, the nominating committee failed to identify a candidate for officer position #2 even though “person-C” currently holding this office refused to serve another term?

The organization at the time of the officer exchange left the officer position #1 “open without acting”. Does this mean the organization currently does not have someone serving in the role of officer #1? The organization at the officer-exchange meeting, proceeded with person- C continuing in the role of officer #2 even without their consent to serve, nor was person-#C present at the time of the office exchange.

Should the organization have treated both officer positions #1 and #2 the same given person-B never officially took office or differently given the nominating committee failed to identify a candidate and person-C did not consent to serve?

[Kim Goldsworthy]

Wait a minute.

One crucial piece of data is missing.

Namely, the defined term of office. - How the "term of office" is defined will determine if:

(a.) the office is held by the old officer, (due to no successor being elected).

(b.) the office is now vacant, and awaiting a vacancy-filling act.

Someone will have to read your bylaws for the definition. Especially the "successor" clause, if any.

[Melanie]

Wait a minute.

One crucial piece of data is missing.

Namely, the defined term of office. - How the "term of office" is defined will determine if:

(a.) the office is held by the old officer, (due to no successor being elected).

(b.) the office is now vacant, and awaiting a vacancy-filling act.

Someone will have to read your bylaws for the definition. Especially the "successor" clause, if any.

[Melanie]

From the organization bylaws - "Officers shall be elected by ballot for a term of one (1) year or until their successors are elected". This can't apply to Person-B [Officer Position #1] as they left the organization before being inducted so hence, never served a year. For Person-C in Officer Position #2, after serving 2-terms, requested to retire. For the past 2-yeas, no successor was identified for so, Person-C continued in the Officer Position #2 until this year finally saying "NO". Now it appears, Officer Position#1 is vacant for the organization and Person-C (Officer Position #2) being elect for a 5th-term without willing to serve, may leave the organization. This has created quite a problem for our organization as it seems to be a complex parlimentary question. Person-C feels both Officer positions should have be handled in the same manner and some members are upset there is no one serving in the Officer #1 position and that the nominating committee should have been reformed to address both officer positions.

[J. J.]

What is the proper procedure when an organization’s nominating committee identifies an officer position #1 known as “person B” to fill this officer position currently held by “person-A” but “person-B” resigns after the organization’s vote but before the official date when “person-B” would have assumed office? Who is the current officer for position #1? Also, the nominating committee failed to identify a candidate for officer position #2 even though “person-C” currently holding this office refused to serve another term?

The organization at the time of the officer exchange left the officer position #1 “open without acting”. Does this mean the organization currently does not have someone serving in the role of officer #1? The organization at the officer-exchange meeting, proceeded with person- C continuing in the role of officer #2 even without their consent to serve, nor was person-#C present at the time of the office exchange.

Should the organization have treated both officer positions #1 and #2 the same given person-B never officially took office or differently given the nominating committee failed to identify a candidate and person-C did not consent to serve?

Frankly, the Officer 1 Person C format of this question is so confusing I cannot even attempt an answer.

[Melanie]

J.J. who replied is correct – this is a convoluted mess which is why I tried a posting to Robert’s Rules. “Person C” was a byproduct of the original parliamentarian problem. So, I will try and provide additional information using fake names, etc.

The Organization forms the nominating committee is March. The slate of Officers is presented by the Nominating Committee for vote by the membership at the April meeting. New Officers come into power at the end of the May Annual Meeting.

According to the Bylaws – “Officers shall be elected by ballot for a term of one (1) year or until their successors are elected”. Also from the Bylaws – “Vacancies in other offices [excluded are President/Vice President] shall be filled by the Executive Board until the next regular Annual Meeting, when the Organization shall fill the vacancy for the unexpired term”.

Questions Related to Secretary Position:

Donna, the current Secretary, is reluctant to serve another year. The Nominating Committee identifies Oscar as a candidate for Vice President which the members vote in favor of at the April meeting. However, Oscar resigns from the Organization after the April meeting and before the May Annual Meeting when the new officers are installed. The President is aware of Oscar’s resignation but does not contact the Nominating Committee prior to the May Annual Meeting.

At the May Annual Meeting, the President makes the decision to exclude the Secretary position from the new officer installation ceremony. The position of Secretary is not discussed at this meeting. After the meeting, the President indicates to a few members that they plan to reconvene the Nominating Committee and hold another election at the next meeting.

Who is the Secretary or is the Organization currently without one?

Should Donna continue to serve as Secretary given Oscar’s resignation?

Can the Nominating Committee be reconvened after the Annual meeting for an unplanned election at the next meeting?

Should this be a situation where the Executive Board appoints a Secretary according to the Bylaws given the Annual Meeting has occurred?

Byproduct Problem – Treasurer Position

Sloan, the current Treasurer has served 4 terms. For the past 2 terms, has continued to serve given the Bylaws requirement – “until a successor is elected”. Sloan informs the Nominating Committee she refuses to serve a 5th term. The Nominating Committee is unable to identify a candidate for presentation to the membership at the March. For the Officer vote at the April meeting, the position of Treasurer was listed as “open for nominations from the floor”. There were no nominees.

At the May Annual Meeting, Sloan is installed as Treasurer. As information, Sloan was not present at the March, April or May meetings to voice they would not continue to serve. At none of these meetings was Sloan’s unwillingness to serve a 5th term mentioned.

After the May Annual meeting, the President sends an email to the Executive Board stating it will be easy for someone to take deposits and write checks – then provide the activity to Sloan to prepare/distribute the Treasurer’s Report.

Sloan submits an official letter of resignation as Treasurer to the Executive Board after the May meeting. Is this acceptable?

Provided the Executive Board accepts the resignation, doesn’t this mean the Executive Board then needs to appoint a Treasurer?

Given the unique situation with the Secretary position, should the President have also excluded the Treasurer position from the officer installation ceremony?

[Kim Goldsworthy]

Melanie,

You left out a crucial piece, again.

Namely, the elections!

I'd like to know, at the Annual General Meeting, who was elected.

I'd also like to know which seats were up for election.

Between those two, I'd like to know what seats were up for election and had no one elected into those open seats.

It's all very nice to know who is resigning.

But I'd like to know which resignations were accepted.

(Merely submitting a resignation will resign no one from anything, under the default rules of Robert's Rules of Order.)

In other words, What does the organization know about the resignations? Who is "out"?

So, that's what is missing:

1. election results.

2. resignations which have been recognized.

At the risk of repeating myself, let me add this.

It does no good to mention "who does not want to continue in office."

"Want" is a psychological need, and is not a parliamentary issue.

"Wanting out", or "wanting to be replaced", tells us nothing, in the parliamentary sense.

(Psychologically, it might be interesting. But this web site is not dedicated to questions on "Robert's Rules of Psychology", you know.)

[Melanie]

No elections occurred at the May Annual Meeting and there was no discussion regarding the roles of

Secretary or Treasurer.

The primary problem is the role of Secretary. The Nominating Committee identified a candidate who left the organization before the May Annual Meeting. This issues needs a resolution first as the role of Treasurer became a byproduct given the 2 positions were handled differently. Does the organization have a Secretary??? Can the Nomination Committee be reformed after the Annual Meeting??? According to the Bylaws, the Executive Board needs to appoint a person in the position of Secretary however, the President plans to reconvene the Nominating Committee and hold a special meeting.

By default, as the Nominating Committee was unable to find a candidate, so Sloan was “grandfathered” as the candidate for the position of Treasurer under the bylaws clause “until a successor is elected”. The position of Secretary was ignored at the May Annual meeting.

For the position of Secretary, a candidate was elected at the April meeting but resigned from the organization before the May Annual Meeting. Given the President ignored the position of Secretary at the May Annual Meeting; it is difficult to answer your question regarding what positions were open at the May Annual Meeting.

There has only been one resignation submitted to the Executive Board and that was by Sloan. No one from the Executive Board has responded to the resignation request. Honestly, the Executive Board is probably hopeful that Sloan will change their mind as Sloan has done for the past 2 years.

Robert’s Rules contain information regarding “consent to serve” as does the organization’s bylaws that the nomination committee is required to follow. Unfortunately, I haven’t found in Robert’s Rules a situation where an organization chooses the “easy way out” and uses the bylaws “until a successor is elected” to compensate for their inability to find a candidate willing to serve.

I know this is a convoluted mess.

[Trina]

Donna, the current Secretary, is reluctant to serve another year. The Nominating Committee identifies Oscar as a candidate for Vice President [secretary??] which the members vote in favor of at the April meeting. However, Oscar resigns from the Organization after the April meeting and before the May Annual Meeting when the new officers are installed. The President is aware of Oscar’s resignation but does not contact the Nominating Committee prior to the May Annual Meeting.

At the May Annual Meeting, the President makes the decision to exclude the Secretary position from the new officer installation ceremony. The position of Secretary is not discussed at this meeting. After the meeting, the President indicates to a few members that they plan to reconvene the Nominating Committee and hold another election at the next meeting.

Who is the Secretary or is the Organization currently without one?

Should Donna continue to serve as Secretary given Oscar’s resignation?

Can the Nominating Committee be reconvened after the Annual meeting for an unplanned election at the next meeting?

Should this be a situation where the Executive Board appoints a Secretary according to the Bylaws given the Annual Meeting has occurred?

Oscar was elected (as secretary, I assume, not VP), so Donna is out of the picture. Oscar wants to resign (and, in his own mind at least, has left the organization), but his resignation has not yet been accepted, so I would say he is your secretary, although not a very useful one. How your installation ceremonies play into this is for you to decide... as far as RONR is concerned, the election is what matters. And your bylaws also contain the standard 'until successors are elected' language... and Oscar was apparently elected. In your later post, you say that only Sloan has actually tried to resign, but here you say Oscar has done so also, but only the president was aware of Oscar's request? Anyway, since Oscar is gone, the board should accept his resignation, and fill the vacancy (since you say that your bylaws give the board the power to fill vacancies). In the meantime, just elect a secretary pro tem for each meeting (i.e. someone to take notes and prepare minutes for that meeting).

Sloan, the current Treasurer has served 4 terms. For the past 2 terms, has continued to serve given the Bylaws requirement – “until a successor is elected”. Sloan informs the Nominating Committee she refuses to serve a 5th term. The Nominating Committee is unable to identify a candidate for presentation to the membership at the March. For the Officer vote at the April meeting, the position of Treasurer was listed as “open for nominations from the floor”. There were no nominees.

Do your bylaws call for a ballot vote at elections? If so, and no election was conducted for treasurer, you have an incomplete election (which is different from a vacancy), and the membership should complete the election for treasurer.

If no ballot vote was required, it is proper for unopposed candidates to be declared elected by acclamation. Even if the chair was sloppy and didn't come right out and use those words, it's possible Sloan was elected in this way (if people considered her a candidate, albeit an unwilling one). However, if it was clear to the membership that there was NO candidate for treasurer, and that NO ELECTION for treasurer was being held, then I think you probably have an incomplete election in this case also; it's just not as crystal clear as it would be if a ballot vote was required and not carried out. Again, an incomplete election is not the same thing as a vacancy, and vacancy-filling provisions don't apply in the case of an incomplete election.

At the May Annual Meeting, Sloan is installed as Treasurer...

OK, as mentioned before, I don't believe RONR has anything to say about installation ceremonies -- from the RONR p.o.v. it's the election that matters. If Sloan was not elected, it probably wasn't proper to 'install' her, but unless your bylaws say something else about the parliamentary significance of installation, it probably doesn't matter.

Sloan submits an official letter of resignation as Treasurer to the Executive Board after the May meeting. Is this acceptable?

Sure, people can submit letters of resignation (a request to be excused from duty) at any time.

Provided the Executive Board accepts the resignation, doesn’t this mean the Executive Board then needs to appoint a Treasurer?

If Sloan was elected, then the board can accept the resignation and fill the vacancy. If Sloan was not elected (incomplete election), then the resignation should be accepted by the body authorized to fill the position (i.e. the general membership).

Given the unique situation with the Secretary position, should the President have also excluded the Treasurer position from the officer installation ceremony?

The two situations ARE different, as someone was clearly elected as secretary, whereas it seems quite possible that there was no election for treasurer.