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VP didn't meet bylaw req's


Guest Jeeper Creeper

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Guest Jeeper Creeper

Our non-profit social club had elections in April.

Our VP was re-elected.

We learned one month later, that the VP had lost his Member in Good Standing status for non-payment of dues and we have no renewal application.

Dues were due during the month leading up to the election.

He has made a non-committal schedule to pay his dues, but has not yet.

He has not completed a renewal application as of yet.

Our bylaws clearly state he cannot serve on our board if he is not a Member in Good Standing.

I would like to accomplish his removal without our formal discipline process, because this is not specifically addressed (yet!). Our bylaws were written to prevent this with no provision of how to correct it.

Any advise on how to accomplish this in a membership meeting, using RNOR?

I normally do not exercise my member rights to make motions.

Our membership has no way of knowing whether or not he paid his dues, unless a director/officer shares the information. I really just want to do what is best for the club, and I feel I'm letting them down by allowing this to continue now that I know.

For the sake of this discussion, my motives could also be considered personal. However, the bylaws are quite clear on our requirements and my duty seems clear to me.

(Sorry for the novel!)

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Our non-profit social club had elections in April.

Our VP was re-elected.

We learned one month later, that the VP had lost his Member in Good Standing status for non-payment of dues and we have no renewal application.

Dues were due during the month leading up to the election.

He has made a non-committal schedule to pay his dues, but has not yet.

He has not completed a renewal application as of yet.

Our bylaws clearly state he cannot serve on our board if he is not a Member in Good Standing.

I would like to accomplish his removal without our formal discipline process, because this is not specifically addressed (yet!).

Our bylaws were written to prevent this with no provision of how to correct it.

Any advice on how to accomplish this in a membership meeting, using RNOR?

Our membership has no way of knowing whether or not he paid his dues, unless a director/officer shares the information.

Q. What makes you think that there is a relationship between one and the the other:

(a.) the act of not-paying dues.

(b.) the state of being not being in "good standing".

If you have a rule regarding "good standing" then you better define that term to include "the state of being delinquent in dues", because RONR has no definition of "good standing" nor a definition of its opposite ("bad standing"?).

As you may already know, according to Robert's Rules of Order, merely being behind in one's dues does not take away the right to vote, unless you have rule saying otherwise.

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Any advise on how to accomplish this in a membership meeting, using RNOR?

Raise a point of order to the effect that the person currently serving as vice-president is not qualified to do so. The chair will rule on your point of order. His ruling can be appealed. If the evidence is clear (and a majority of the members are willing to enforce the rules) the process should be fairly straightforward.

You will then have a vacancy in an office that, apparently, no one else wants to fill.

Or the chair will rule (perhaps improperly) against your point of order and the members (perhaps improperly) will sustain his ruling. They may think that [a] he said he'll pay his dues and no one else wants the job so [c] let's keep him, no matter what the rules say.

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But why rais the point if the VP was elected, uncontested?

"Good standing" or "Dues Paid" tend to weigh down organizations with no one stepping up to lead. Lacking a challenger, default elections may mean other rules may need to be "suspended" and I don't mean in a parilmentary sense, but as a mater of common sense.

Roberts makes that point specifically: the rules of order are not definite and common sense should prevail.

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Roberts makes that point specifically: the rules of order are not definite and common sense should prevail.

I assume you're referring to either RONR, 10th ed., pg. 433, lines 20-23 or pg. 440, lines 10-15. I do not agree that those citations (or anything else in RONR) suggests that an assembly should ignore its Bylaws. I think it's clear they're referring to suspendable rules. Bylaws may not be suspended unless they are in the nature of a rule of order (which rules regarding eligibility for office are not) or if they specifically provide for their own suspension, no matter how large the vote in favor or how inconvenient the rule is. (RONR, 10th ed., pg. 254, lines 28-34)

Whether the member actually is ineligible for office under the Bylaws is a question the society will need to determine for itself. Nothing in RONR requires that board members be members of the society, and non-payment of dues is not sufficient to automatically deprive a member of his rights unless provided for in the Bylaws. (RONR, 10th ed., pg. 431, lines 16-20; pg. 393, line 26 - pg. 394, line 4) But if the member is ineligible to serve, the only proper courses of action for the society to take are to remove the member from office or amend the Bylaws.

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Guest Jeeper Creeper

Each comment has been helpful - thank you. I spent a decent amount of time reading other posts before asking last night.

I preside over our club meetings as the president, but I am seeking a meeting facilitator. RONR - I'm a nOOb!

Our bylaws do clearly spell out all of these conditions must be met to be a voting member or be elected into office:

Dues paid in full before election

Must have been member in good standing (requiring dues to be paid) for minimum of one year before election

Member in Good Standing (MiGS) requires attending one of four member meetings per year and two events (Off road trail rides or scheduled trail work days) per year

Elected officers allowed 2 absences from meeting per year, out of 12

In every sense of it, the VP is in clear violation of our bylaws.

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Each comment has been helpful - thank you. I spent a decent amount of time reading other posts before asking last night.

I preside over our club meetings as the president, but I am seeking a meeting facilitator. RONR - I'm a nOOb!

Our bylaws do clearly spell out all of these conditions must be met to be a voting member or be elected into office:

Dues paid in full before election

Must have been member in good standing (requiring dues to be paid) for minimum of one year before election

Member in Good Standing (MiGS) requires attending one of four member meetings per year and two events (Off road trail rides or scheduled trail work days) per year

Elected officers allowed 2 absences from meeting per year, out of 12

In every sense of it, the VP is in clear violation of our bylaws.

Well, if you're the President, you don't need to wait for a Point of Order - you can make the ruling yourself at a meeting. I would be prepared for an appeal, however.

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