election of officers

[Telephonics]

When is the meeting?

????

So, you have anywhere from 13+ months to 25 months (depending on when in 2012 your election is) and you think you need more time to develop an educated decision on for whom to vote? You are going to have a meeting or three between now and then, right?

I know it's me.... it often is..... but what am I missing here?

[Telephonics]

You cite the bylaw provision but what does your state condominium act say on this subject. Remember in case of conflict tjhe state provisions take precedence.

[Trina]

You cite the bylaw provision but what does your state condominium act say on this subject. Remember in case of conflict tjhe state provisions take precedence.

Huh?

I don't remember that the original poster said anything about condominiums. And the reference to NAC/NRS seems to point only to Nevada statutes, not to condos specifically.

[Tim Wynn]

Huh?

I don't remember that the original poster said anything about condominiums. And the reference to NAC/NRS seems to point only to Nevada statutes, not to condos specifically.

That has never stopped Telephonics.

[hmtcastle]

You cite the bylaw provision but what does your state condominium act say on this subject.

Huh? I don't remember that the original poster said anything about condominiums.

That has never stopped Telephonics.

Wasn't it Einstein who said that every action has a reaction??

Yeah, Sir Isaac Einstein, the inventor of the OTHER figgy cookie.

[Josh Martin]

So the proper way would be when the agenda item to vote came up, I would move to postpone the vote until say 6 months for example. My other newbie member would second and then it would go to debate. Is this correct? If after debate, the majority vote is to continue, then at that point, I could abstain. Which as I know will not effect the vote, it would then be left up to the other voting members and the majority of THEM.

It sounds like the debate portion would be interesting since it has been with you fellows and your not even involved. ;0)

A motion to postpone the election until six months later would be out of order (too long), and you postpone the entire election, not just the vote. Elections are debatable. Other than that, you have it correct.

The debate here is about speculating on the oblique references to your Bylaws, which is not necessarily indicative of the debate on the motion to postpone, as that should be focused on the merits of that motion. Given the political conflicts you have suggested, however, I suspect the debate will still be interesting.

[Rev Ed]

Stupid question: Are there any vacancies and are these vacancies the positions that are being filled?

[Josh Martin]

Stupid question: Are there any vacancies and are these vacancies the positions that are being filled?

In this topic, nothing is a stupid question. I'd much like the answer to this one myself.

[Kim Goldsworthy]

... a stupid question ...

Which reminds me . . .

Here is a classic set of stupid questions.

1. Who is buried in Grant's Tomb

2. In what year was the War Of 1812"?

3. After whom was the Napoleonic wars named?

Not to be confused with classic trick questions:

1. Out of what material is camel hair products made?

2. Which weighs more: an ounce of gold or an ounce of feathers?

3. What animal is used in catgut?

[Guest annette]

A motion to postpone the election until six months later would be out of order (too long), and you postpone the entire election, not just the vote. Elections are debatable. Other than that, you have it correct.

The debate here is about speculating on the oblique references to your Bylaws, which is not necessarily indicative of the debate on the motion to postpone, as that should be focused on the merits of that motion. Given the political conflicts you have suggested, however, I suspect the debate will still be interesting.

I was appointed by the governor. It is a governing board of my profession. They did elect officers this year. One of the officers was at the end of her second term. She left Nov 1 and I went on Nov 1. She was the president. The now vice president, would like to take that position (he is now "acting" president) which leaves open the VP position. I asked the executive director about "bylaws" and I have not gotten a response. As I understand it we follow NRS and NAC codes. I now understand that if I move to postpone it should only be to the next meeting. I don't like it because the code states every even numbered year, and I think that is when we should do it and the "old" members should have never elected a president for 11 month term anyway! But here we are.

Here is the code.

NAC 634.140 Election of officers. (NRS 634.030) The Board will elect officers as required pursuant to NRS 634.030 at the first regular meeting of the Board during each even-numbered year.

[Guest annette]

How can someone be "termed out," if there is not to be an election? Is this an election to fill a vacancy? Does the board have the power to do so?

When is the next regular meeting of the board after this one?

We can serve a max of two 4 year terms. The two members were there for 8 years. The election of officers is to fill the vacancy left behind by the president who had served 8 years as a member. Yes the board has the power to elect officers.

[Guest Guest]

Guess I'll add to the list of questions (although Annette seems sparing with her answers so far ). How do people get onto this board (election by a larger membership, or by appointment)? I wonder, since you say you and the other new person were appointed -- is this the standard way to become a member of the board, or were you appointed to fill vacancies? When did the terms of the president and VP end?

If the bylaws say the board has to internally elect its officers every even-numbered year, was such an election already conducted in 2010? Is that why you think no election is needed in the current even-numbered year? And, if so, how did two elected officers 'term out' less than a year after the election?

Waiting until 2012 to fill the president and VP positions certainly makes no practical sense.

No on the 6 months. Notice the bolded text from Mr. Martin's reply -- no later than the following meeting, and then only if that meeting is within about three months (that's what 'quarterly time interval' means).

As far as the debate being 'interesting' here on the forum, we're pretty much flailing around in confusion -- with more information (which information your organization presumably has, in its written documents and collective memories) one can hope the debate will be more productive.

edited to add citation:

'If an assembly wishes to adjourn when an election is incomplete, an adjourned meeting should be provided for. If such an adjourned meeting is impossible or impractical and the organization will hold another regular business session before a quarterly time interval has elapsed, the election is completed at the next regular meeting.' (RONR p. 429 line 32 - p. 430 line 3). See also RONR p. 177 ll. 14-26 for further comments on how an election may be postponed when it is pending.

I was appointed by the governor. It is a governing board of my profession. They did elect officers this year. One of the officers was at the end of her second term. She left Nov 1 and I went on Nov 1. She was the president. The now vice president, would like to take that position (he is now "acting" president) which leaves open the VP position. I asked the executive director about "bylaws" and I have not gotten a response. As I understand it we follow NRS and NAC codes. I now understand that if I move to postpone it should only be to the next meeting. I don't like it because the code states every even numbered year, and I think that is when we should do it and the "old" members should have never elected a president for 11 month term anyway! But here we are.

Here is the code.

NAC 634.140 Election of officers. (NRS 634.030) The Board will elect officers as required pursuant to NRS 634.030 at the first regular meeting of the Board during each even-numbered year.

And we meet a min, of quarterly.

I don't mean to be vague,( although Annette seems sparing with her answers so far ). It is just that I was asking more of a proceedural question.( I just wanted to know HOW to ask to postpone, not really IF. But this is all very good information. It helps me.

[Guest Guest]

I don't mean to be vague,( although Annette seems sparing with her answers so far ).

You don't mean to be vague and yet your guest name is "Guest"?

[Trina]

Two of the 7 members were termed out and they were the pres and VP. I and one other person were appointed to the board. The current members want to fill those two positions right away and call a vote to elect officers on Dec 4. The bylaws state that we have to elect every even number year, but that is all it says. A board member asked that it be put on the agenda for Dec 4.

I was appointed by the governor. It is a governing board of my profession. They did elect officers this year. One of the officers was at the end of her second term. She left Nov 1 and I went on Nov 1. She was the president. The now vice president, would like to take that position (he is now "acting" president) which leaves open the VP position.

As further food for thought, there is no such thing as 'acting president' under RONR. If the president resigns, or leaves office for some other reason, the VP becomes president. If the new president leaves also, both offices are vacant. In your earlier posts it sounded as though both the president and VP had left. Who is this 'now vice president' and how did he end up in that spot?

I asked the executive director about "bylaws" and I have not gotten a response. As I understand it we follow NRS and NAC codes.

Lack of access to bylaws would certainly explain the seeming vagueness about their content

I now understand that if I move to postpone it should only be to the next meeting. I don't like it because the code states every even numbered year, and I think that is when we should do it and the "old" members should have never elected a president for 11 month term anyway! But here we are.

However, this same situation would come up if the president resigned, was hit by a bus, or disappeared for any number of other reasons. How would the organization deal with that eventuality? In the RONR sense, it seems you are dealing with filling a vacancy, which can be done by a mid-term or 'special' election (if no other process for filling the vacancy is prescribed by the bylaws). Such an election requires notice, and it appears that notice may have been given (not sure of that, though, as putting something on an agenda is not really the same thing as formal notice).

[Josh Martin]

I now understand that if I move to postpone it should only be to the next meeting. I don't like it because the code states every even numbered year, and I think that is when we should do it

What the code has to say about when regular elections are held has no bearing on this case. An election to fill a mid-term vacancy will, by definition, occur in the middle of the term. I feel it would be highly unwise to continue with a vacancy for almost two years.

Nevertheless, I should point out that once postponed, a motion may be postponed again. The reason a motion may not be postponed beyond the next meeting is because this would interfere with the freedom of each session. You are free to postpone the motion to the next meeting, however, and then postpone it again, and so forth. I would, however, not try to keep postponing it until 2012 (and I doubt the board will let you).