Guest ANDY Posted November 11, 2010 at 07:55 PM Report Share Posted November 11, 2010 at 07:55 PM At a recent organizational meeting of our five member board of directors we elected a pres, vice pres., treas. and secretary. The 5th person who was our former pres. was absent from the meeting and had made an announcement before our annual meeting that he would not seek re-election. However, he gave instructions to someone who was attending the meeting to nominate him from the floor if no one else was seeking the nomination and since there was no one else he was elected. He also gave instructions that he would not accept the presidency if elected and so he was left as a director at the time of our organizational meeting. He is still out of state but has made it quite clear via phone calls and e-mail that he is not happy with his position on the board and expects to be elevated to something more prestigious. One person on the board is sympathizing with him and wants the matter back on the agenda for next month's meeting so that we might reconsider. Two of us would like to tar and feather him and run him out of town. The 5th board member is a pacifier and since he has not commented I don't know where he stands. Our by-laws don't seem to address this situation and I am looking for some guidance.Thanks Link to comment Share on other sites More sharing options...
hmtcastle Posted November 11, 2010 at 08:04 PM Report Share Posted November 11, 2010 at 08:04 PM he gave instructions to someone who was attending the meeting to nominate him from the floor if no one else was seeking the nomination and since there was no one else he was elected. He also gave instructions that he would not accept the presidency if elected and so he was left as a director at the time of our organizational meeting.You're saying he asked to be nominated and said that, if elected, he wouldn't serve? Why did anyone vote for him?Well, you've got yourselves what's known as an incomplete election. You'll have to vote again, and again, until you elect someone who is willing to serve. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 11, 2010 at 08:07 PM Report Share Posted November 11, 2010 at 08:07 PM At a recent organizational meeting of our five member board of directors we elected a pres, vice pres., treas. and secretary. The 5th person who was our former pres. was absent from the meeting and had made an announcement before our annual meeting that he would not seek re-election. However, he gave instructions to someone who was attending the meeting to nominate him from the floor if no one else was seeking the nomination and since there was no one else he was elected. He also gave instructions that he would not accept the presidency if elected and so he was left as a director at the time of our organizational meeting. He is still out of state but has made it quite clear via phone calls and e-mail that he is not happy with his position on the board and expects to be elevated to something more prestigious. One person on the board is sympathizing with him and wants the matter back on the agenda for next month's meeting so that we might reconsider. Two of us would like to tar and feather him and run him out of town. The 5th board member is a pacifier and since he has not commented I don't know where he stands. Our by-laws don't seem to address this situation and I am looking for some guidance.ThanksIn trying to understand this, here's what I've deduced. Your former president has been elected to the board, but he's not happy, because he wanted to be elected to the office of president, vice-president, secretary or treasurer position. Now, he wants to hold one of those offices, though he wasn't elected to it. Okay, someone will have to leave one of those offices (by being deposed, resigning, dying, etc.) to make it possible. Then, whatever method you have in place for filling the vacancy will kick in. Link to comment Share on other sites More sharing options...
Guest ANDY Posted November 11, 2010 at 08:29 PM Report Share Posted November 11, 2010 at 08:29 PM Sorry if i didn't make myself clear. At our Annual membership meeting our outgoing pres. was nominated to be re-elected to the board of directors with the stipulation that he would not accept the presidents position if so elected. Since the membership does not elect the officers a board of directors meeting was called the following week for the purpose of electing our officers from the 5 directors. The chaos broke out when our absent director found out he was not elected to a more lofty position(other than pres.) The sympathetic director may want to appoint him assistant something or other. A director he is and thats more than I want but thats what happens when people become so complacent that they won't run. Andy Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 11, 2010 at 08:30 PM Report Share Posted November 11, 2010 at 08:30 PM One person on the board is sympathizing with him and wants the matter back on the agenda for next month's meeting so that we might reconsider. No can do. After someone has been elected to an office and was present or was officially notified of the election the election cannot be Rescinded under these circumstances (RONR p. 298 lines 1-8). Since the other Board members were there the election is final. It also is too late to Reconsider the election (RONR p. 305 lines 26-35). The former President (and that Board member) are out of luck. Link to comment Share on other sites More sharing options...
hmtcastle Posted November 11, 2010 at 08:36 PM Report Share Posted November 11, 2010 at 08:36 PM No can do. After someone has been elected to an office and was present or was officially notified of the election the election cannot be Rescinded under these circumstances.But, as I understand it, he wasn't present and "he also gave instructions that he would not accept the presidency". So, as I understand it, no one has yet been elected president.Not that I understand it, of course. Link to comment Share on other sites More sharing options...
hmtcastle Posted November 11, 2010 at 08:37 PM Report Share Posted November 11, 2010 at 08:37 PM The chaos broke out when our absent director found out he was not elected to a more lofty position(other than pres.)Just out of curiosity, what is this position that's "more lofty" than president? Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 11, 2010 at 08:38 PM Report Share Posted November 11, 2010 at 08:38 PM Sorry if i didn't make myself clear. At our Annual membership meeting our outgoing pres. was nominated to be re-elected to the board of directors with the stipulation that he would not accept the presidents position if so elected. Ok. Well he got his wish.The chaos broke out when our absent director found out he was not elected to a more lofty position(other than pres.) Well, to quote my cousin Mario, "Tough Tortellini." The sympathetic director may want to appoint him assistant something or other.Well, that is real nice of him but you all really shouldn't cater to a sore loser. He didn't get elected to anything and those are the breaks. This sort of thing happens when adults participate in an activity where there are more members than offices available. Link to comment Share on other sites More sharing options...
Chris Harrison Posted November 11, 2010 at 08:42 PM Report Share Posted November 11, 2010 at 08:42 PM But, as I understand it, he wasn't present and "he also gave instructions that he would not accept the presidency". So, as I understand it, no one has yet been elected president.Not that I understand it, of course.Maybe so. I read the post as there were 4 Board members present and 4 offices open and they filled all of the offices. If no President was elected than there is an incomplete election and he can throw his hat in the ring (though I would probably vote for Donald Duck before I voted for him). Link to comment Share on other sites More sharing options...
Josh Martin Posted November 11, 2010 at 09:55 PM Report Share Posted November 11, 2010 at 09:55 PM At a recent organizational meeting of our five member board of directors we elected a pres, vice pres., treas. and secretary. The 5th person who was our former pres. was absent from the meeting and had made an announcement before our annual meeting that he would not seek re-election. However, he gave instructions to someone who was attending the meeting to nominate him from the floor if no one else was seeking the nomination and since there was no one else he was elected. He also gave instructions that he would not accept the presidency if elected and so he was left as a director at the time of our organizational meeting.It sounds like at least three of these offices is a done deal. I'm not entirely clear on who was elected as President. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 12, 2010 at 01:27 AM Report Share Posted November 12, 2010 at 01:27 AM You have a five member board. You have four offices (P, VP, S, T) and I assume a non-office Director. The membership elects to the board, and the board elects it's own officers. At the board meeting following, four directors are present. The former president is elected (in absentia) to President, but has pre-declined, so he is "demoted" to the non-office Director position. Leaving the four offices available.So, of the four directors at the meeting, who was elected to what office? Who is VP? Who is Secretary? Who is Treasurer? And if no one is President, what is that fifth director doing? The sympathetic director may want to appoint him Assistant Something-or-Other.Lofty, indeed. Sorry if i didn't make myself clear. Apology accepted, but.... still got some fog to clear up. Link to comment Share on other sites More sharing options...
Trina Posted November 12, 2010 at 01:59 PM Report Share Posted November 12, 2010 at 01:59 PM My interpretation of what Andy has said is that there were 5 members elected to the board, including this former president. At the first organizational meeting of the board, the former pres. was absent, and the other 4 people divvied up the 4 available offices, leaving the former pres. as a non-officer board member. The election is complete, and the guy is now sore that he didn't at least end up as VP or secretary or treasurer.To re-quote Chris H.'s cousin, "Tough Tortellini." If you're lucky, maybe the former president will resign from the board in a snit, and the vacancy might be filled with someone more mature. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 13, 2010 at 05:03 PM Report Share Posted November 13, 2010 at 05:03 PM The chaos broke out when our absent director found out he was not elected to a more lofty position(other than pres.) The sympathetic director may want to appoint him assistant something or other. Lofty, indeed. Could have been worse, like Assistant to the something-or-other. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 13, 2010 at 06:14 PM Report Share Posted November 13, 2010 at 06:14 PM Could have been worse, like Assistant to the something-or-other. If he's just looking for a title, I'd recommend 2nd Vice Co-Assistant Pro Tem at Large... Ex Officio. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 13, 2010 at 09:31 PM Report Share Posted November 13, 2010 at 09:31 PM If he's just looking for a title, I'd recommend 2nd Vice Co-Assistant Pro Tem at Large... Ex Officio.Acting... Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 13, 2010 at 09:38 PM Report Share Posted November 13, 2010 at 09:38 PM Acting...I would add "Elect," but that would just be ludicrous. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 13, 2010 at 09:53 PM Report Share Posted November 13, 2010 at 09:53 PM Immediate Past Assistant to the Acting 2nd Vice Co-Assistant Pro Tem at Large... Ex Officio - Elect.Now that's ludicrous. Link to comment Share on other sites More sharing options...
J. J. Posted November 13, 2010 at 11:09 PM Report Share Posted November 13, 2010 at 11:09 PM Other than creating a title, he's out of luck.You could a position, though not an office, of "Lord Privy Seal," and name him to it. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 14, 2010 at 01:30 AM Report Share Posted November 14, 2010 at 01:30 AM Other than creating a title, he's out of luck.You could a position, though not an office, of "Lord Privy Seal," and name him to it.Did you drop this? create Link to comment Share on other sites More sharing options...
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