unfillable positions

[Guest chief294]

At this years elections nobody meets the qualifications for several of our positions. ( rescue captain, treasurer, secretary) These positions are nessasary to operate, but our bylaws outline the qualifications to hold these positions. If nobody is qualified, how do we operate? Is there a way to fill these positions legally?

[jstackpo]

First check your bylaws -- they may say that the current officers, &c. remain in office "...until the election of their successors". If so, they stay on.

Failing that, amend your bylaws to eliminate the most stringent qualification requirements. Then run a special election.

[Guest chief294]

First check your bylaws -- they may say that the current officers, &c. remain in office "...until the election of their successors". If so, they stay on.

Failing that, amend your bylaws to eliminate the most stringent qualification requirements. Then run a special election.

Thanks for such a quick reply. Our bylaws state the office is for one year. The question that arises now is if we drop the most stringent requirement, do we have to do it across the board even for the positions that people do qualify for?

[jstackpo]

That, I fear, will be your, and your association's decision. The idea is to avoid getting stuck like this in the future.

Don't forget, "dropping" any requirements will require amending the bylaws. So check to see what is required to make those amendments.

[Tim Wynn]

The question that arises now is if we drop the most stringent requirement, do we have to do it across the board even for the positions that people do qualify for?

RONR doesn't have any rule requiring a bylaw amendment to be "across the board." However, as Dr. Stackpole points out, you will want to take a close look at the requirements, so this doesn't continue to happen. Often, it's okay to just let the voters decide who is qualified, at least on most issues.

[hmtcastle]

Often, it's okay to just let the voters decide who is qualified, at least on most issues.

Although in this case I think we're talking about who is eligible, not who is qualified.

[Tim Wynn]

Although in this case I think we're talking about who is eligible, not who is qualified.

This is a distinction that I feel could greatly help Chief294's organization, if properly applied.

[Guest chief294]

This is a distinction that I feel could greatly help Chief294's organization, if properly applied.

Yes Sir, We are talking about eligibility. We have in our bylaws that there are no admendments or changes to the bylaws except for in Septembers meeting. This year we could not change the bylaws becuase the President did not mail the proposed changes to the members as required in our bylaws. Then a motion was made to throw them all out, and thats what happened. Now we cant figure out how to properly fill these positions if we cant go against the bylaws.

[Tim Wynn]

Yes Sir, We are talking about eligibility. We have in our bylaws that there are no admendments or changes to the bylaws except for in Septembers meeting. This year we could not change the bylaws becuase the President did not mail the proposed changes to the members as required in our bylaws. Then a motion was made to throw them all out, and thats what happened. Now we cant figure out how to properly fill these positions if we cant go against the bylaws.

The organization may have painted itself in a corner. In which case, you'll have to wait for the paint to dry, which may take until September.

Your organization will probably be able to function, though. If you find yourself without a presiding officer or secretary at a meeting, you elect a temporary one. See RONR(10th ed.), p. 87, p. 436-437, & p. 443, l. 27-30.