Reinstatement

[Guest Sophie]

A director resigned (resignation accepted by Board) and two months later was nominated from the floor to be voted back in as a new director for the new slate. The nomination was invalid because it lacked procedural order pursuant to Bylaws in that it was not presented to nominating first - I know. However, since this is not addressed specifically in our Bylaws: 1) does RR address this - is the person allowed back on immediately or do they have to wait the one year grace (our Bylaws) like everyone else who wants to come back onto the Board after their term has expired. OR 2) is there an option for this person to submit a letter for reinstatement? If so, 3) is it accepted by Motion and do you have to wait the 30 day grace like how we vote in all of our other members. Lastly, 4) does this person get a new term or fall back into the old? Again, this is not addressed in Bylaws so we are dependent upon what RR state.

[Kim Goldsworthy]

A director resigned (resignation accepted by Board) and two months later was nominated from the floor to be voted back in as a new director for the new slate.

Okay. Nothing wrong with this.

The nomination was invalid because it lacked procedural order pursuant to Bylaws in that it was not presented to nominating first - I know.

If you say so. But so far, no violation of Robert's Rules of Order has occurred.

However, since this is not addressed specifically in our Bylaws:

1) does RR address this - is the person allowed back on immediately or do they have to wait the one year grace (our Bylaws) like everyone else who wants to come back onto the Board after their term has expired.

2) is there an option for this person to submit a letter for reinstatement?

3) is it accepted by Motion and do you have to wait the 30 day grace like how we vote in all of our other members.

4) does this person get a new term or fall back into the old?

1.) Yes. RONR does address this, in that there is to bar to prevent someone who has resigned from being nominated for ANYTHING, ANYWHERE, even the very same office from which this person resigned, since RONR has no qualifications for any office.

2.) No, to submit a letter for reinstatement is not allowable. Resignations cannot be undone. To "undo" a resignation is to go through the full process of election/appointment anew while including this person.

You can re-elect or re-appoint; but you cannot erase history and put back someone in an office just by saying "You are forgiven; go and sin no more."

3.) Moot. See #2.

4.) There is no "falling back" to the old term of office.

Like the baseball umpire says, "You're out!"

[Larry Cisar]

A director resigned (resignation accepted by Board) and two months later was nominated from the floor to be voted back in as a new director for the new slate. The nomination was invalid because it lacked procedural order pursuant to Bylaws in that it was not presented to nominating first - I know. However, since this is not addressed specifically in our Bylaws: 1) does RR address this - is the person allowed back on immediately or do they have to wait the one year grace (our Bylaws) like everyone else who wants to come back onto the Board after their term has expired. OR 2) is there an option for this person to submit a letter for reinstatement? If so, 3) is it accepted by Motion and do you have to wait the 30 day grace like how we vote in all of our other members. Lastly, 4) does this person get a new term or fall back into the old? Again, this is not addressed in Bylaws so we are dependent upon what RR state.

If the person served over half of the term, they should be treated like anybody who has completed a full term. If less than half a term, they are treated like anybody who has not served a term. If the person is eligible for a term, the person gets the term that they run for.

[Guest Irene]

Thank you everyone for input to this question - it's helful for me too. I have one thing further... If the person resigned more than half way through her first term (in this case a 2 year term) and the tenure is two 2 yr terms... for clarification, this means the person would need to be re-elected and would only be able to be offered her second term. Correct? Otherwise, couldn't everyone who is allowed a max of 4 years (or two terms) on the Board could resign afer 2 and, if re-elected immediately, serve 6 - beating the system?

[hmtcastle]

Thank you everyone for input to this question - it's helful for me too. I have one thing further... If the person resigned more than half way through her first term (in this case a 2 year term) and the tenure is two 2 yr terms... for clarification, this means the person would need to be re-elected and would only be able to be offered her second term. Correct? Otherwise, couldn't everyone who is allowed a max of 4 years (or two terms) on the Board could resign afer 2 and, if re-elected immediately, serve 6 - beating the system?

Well, you've managed to make a fairly simple situation seem complicated (which means you're well on your way to being a certified parliamentarian!) but I think you've got it right.