Guest Kathleen Posted January 10, 2011 at 05:24 PM Report Share Posted January 10, 2011 at 05:24 PM Is there a restriction about running for a councilor and an alternate councolor. It is possible to be elected to both. The problem being that an alternate would replace a councilor when the councilor can not attend a meetin. The bylaws are silent. Link to comment Share on other sites More sharing options...
Kim Goldsworthy Posted January 10, 2011 at 05:50 PM Report Share Posted January 10, 2011 at 05:50 PM Is there a restriction about running for a councilor and an alternate councilor?It is possible to be elected to both?The problem being that an alternate would replace a councilor when the councilor can not attend a meeting. The bylaws are silent.According to The Book, there is no parliamentary rule to prevent one person from holding any number of offices. Even pairs of offices where one succeeds to the other (vacant) office.Thus, THERE IS NO RESTRICTION within Robert's Rules of Order.However, The Book adds that the organization itself may compel a winner of two offices to choose one office. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 10, 2011 at 07:19 PM Report Share Posted January 10, 2011 at 07:19 PM However, The Book adds that the organization itself may compel a winner of two offices to choose one office.And if he is not present, they may choose for him. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 10, 2011 at 07:27 PM Report Share Posted January 10, 2011 at 07:27 PM Is there a restriction about running for a councilor and an alternate councolor. It is possible to be elected to both. The problem being that an alternate would replace a councilor when the councilor can not attend a meetin. The bylaws are silent.However, the fact is that, as you note, an alternate is supposed to replace the primary office holder. Therefore, electing the same person to both offices would probably be considered absurd by the "reasonable person" test. One of the principles of interpreting bylaws is that if interpreting them a certain way leads to an absurdity, it's probably the wrong way to interpret them. Link to comment Share on other sites More sharing options...
hmtcastle Posted January 10, 2011 at 09:40 PM Report Share Posted January 10, 2011 at 09:40 PM Is there a restriction about running for a councilor and an alternate councolor. It is possible to be elected to both.Holding both offices would be analogous to being both president and vice-president. But there's no problem with "running" for both offices. Presumably one would rather be a councilor than an alternate councilor but being an alternate might be better than nothing. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 10, 2011 at 10:24 PM Report Share Posted January 10, 2011 at 10:24 PM Is there a restriction about running for a councilor and an alternate councolor. It is possible to be elected to both.There is nothing in RONR which would prohibit running for both offices or even holding both offices, although it would seem there is no legitimate reason to hold both. Presumably if a member is elected to both he would decline the alternate counselor position, and you would hold another election for that position.One of the principles of interpreting bylaws is that if interpreting them a certain way leads to an absurdity, it's probably the wrong way to interpret them.That is only true in case of a conflict, and interpreting the provision in a certain way leads to another provision being meaningless or absurd. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 11, 2011 at 06:01 AM Report Share Posted January 11, 2011 at 06:01 AM That is only true in case of a conflict, and interpreting the provision in a certain way leads to another provision being meaningless or absurd.And that is precisely the case here. On the one hand we have the bylaws (presumably) allowing a person, in general, to hold two offices, or at least not prohibiting it. But interpreting that provision as being universally applicable leads to another provision (the existence of alternates) being meaningless or absurd.An alternate in this context is defined as one who is authorized to fill the position of another, who is absent. I think it is perfectly reasonable to say that the general provision cannot be applied to the specific case of alternates without creating an absurdity. No person is capable of functioning in his own absence; hence, no person is eligible to be his own alternate. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 11, 2011 at 09:30 PM Report Share Posted January 11, 2011 at 09:30 PM And that is precisely the case here. On the one hand we have the bylaws (presumably) allowing a person, in general, to hold two offices, or at least not prohibiting it. But interpreting that provision as being universally applicable leads to another provision (the existence of alternates) being meaningless or absurd.An alternate in this context is defined as one who is authorized to fill the position of another, who is absent. I think it is perfectly reasonable to say that the general provision cannot be applied to the specific case of alternates without creating an absurdity. No person is capable of functioning in his own absence; hence, no person is eligible to be his own alternate.There is, however, nothing in RONR which suggests that someone cannot hold the positions of President and Vice President, even though as far as RONR is concerned, Vice President is simply a fancy title for "alternate." Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 12, 2011 at 02:02 AM Report Share Posted January 12, 2011 at 02:02 AM There is, however, nothing in RONR which suggests that someone cannot hold the positions of President and Vice President, even though as far as RONR is concerned, Vice President is simply a fancy title for "alternate."There is nothing expressly prohibiting it, no. But I believe that it would be equally absurd. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted January 12, 2011 at 02:02 AM Report Share Posted January 12, 2011 at 02:02 AM There is, however, nothing in RONR which suggests that someone cannot hold the positions of President and Vice President, even though as far as RONR is concerned, Vice President is simply a fancy title for "alternate."There is nothing expressly prohibiting it, no. But I believe that it would be equally absurd. Link to comment Share on other sites More sharing options...
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