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Enforcing By-laws for Election

05-14-2008, 03:11 PM
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Baby Steps
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Join Date: May 2008
Posts: 2
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Enforcing By-laws for Election
We just had an election at our school PTO and the nominating committee didn't follow the by-laws for putting a candidate on the ballot. The cut off date was April 30 to announce intention to run and person called someone on the committee the day of the election and was put on the ballot. That person won by two votes. Who enforces this and how do we proceed to investigate it?
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05-14-2008, 03:22 PM
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The Rareified Air of JHB and a Few Other Crazies
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Join Date: Oct 2001
Location: Iowa
Posts: 2,137
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Re: Enforcing By-laws for Election
A member of the PTO needs to bring the possible violation to the attention of the Executive Board and the nominating committee. The candidate(s) who followed the bylaws and lost the election would be the most likely to contest the election results, especially since the vote was so close. Was the cut off clearly announced to all of the membership? Is the phone call to the committee a "fact" or just hearsay? Your executive board should investigate any bylaw violation and enforce the bylaws of the group.
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05-17-2008, 09:08 AM
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Baby Steps
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Join Date: May 2008
Posts: 4
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Re: Enforcing By-laws for Election
We have a similar situation, where the practices of the nomination committee are questionable. Yet, the situation is a little bit more complicated. The addition on the ballot was a TEACHER running against HER CURRENT STUDENT'S parent. The executive board did not even know that anyone was running against this parent for the position until the ballots were handed out at the PTO meeting.
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05-20-2008, 12:16 PM
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Baby Steps
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Join Date: May 2008
Posts: 2
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Re: Enforcing By-laws for Election
The violation was brought to the attention of the nominating committee and the election is going to be redone. Papers stating what happened were sent out and new nominations for each position have to be made by the cut off date. A new election will happen at the June meeting and hopefully everything will be done correctly this time.
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05-20-2008, 01:20 PM
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The Rareified Air of JHB and a Few Other Crazies
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Join Date: Oct 2001
Location: Iowa
Posts: 2,137
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Re: Enforcing By-laws for Election
That's great jabdion. I'm glad your group moved that way.
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Hey Rocky, watch me pull a rabbit out of my hat.
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06-09-2008, 06:10 PM
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Re: Enforcing By-laws for Election
What if it is the current executive board who are not following the by laws? Who do you go to then? They are not voting on fundraising decisions among other things like the agenda of the meeting and are certainly not following their own by laws.
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06-10-2008, 11:49 AM
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Baby Steps
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Join Date: Jun 2008
Posts: 4
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Re: Enforcing By-laws for Election
We have a situation where our current board is staying next year all except the president. After practically begging the parents for some one to step up, at our May (election meeting) some one walked in. Our president was not in attendance and the VP ran the meeting. She read the list of nominees (all current members, no changes) for the positions and leaving the president vacant, she called for a motion for the ballot and some one quickly said agreed.
The woman that came in jumped in a few board member tried that spoke with her when she sat down, jumped in and said "wait" that she wished to fill the presidents position, everyone was pleased. Her name was added to the ballot, the motion was placed again and the vote was continued and passed.
A week later the "new president" was contacted and told that the vote was invalid. That since the vote had already been started before her name was added to the ballot.
After discussion with PTO, they are now holding a "special election" to elect a president for next year. Their bylaws state: a 5 day notice needs to be given to the membership. The VP said she gave notices to all the teachers to send home with every eldest child in each family. Also the current president said that it would be posted on the School PTO website.
The flyer did not make it home with every eldest child (Many, but not every) and the website posting was never done.
Can anyone please advise. Was the original vote invalid? Is there still an invalidation issue with the second vote coming up? Suggestions?
Thank you,
Twingles
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06-10-2008, 01:20 PM
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The Rareified Air of JHB and a Few Other Crazies
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Join Date: Oct 2001
Location: Iowa
Posts: 2,137
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Re: Enforcing By-laws for Election
The validity of the first election and the procedures being followed for the special election all depends on what your group's bylaws say in regards to elections. Have you read the bylaws? Does what the board is doing follow those bylaws? As for sending flyers home, that is unfortunately an imperfect method of communication, but what else can a group do? The VP may have provided flyers to every teacher, but that doesn't mean every teacher sent them home, or that every child remembered to bring them home, or that they didn't get lost once they got home. It is too bad that the website posting was not done, and I suppose that could be used as a point of contention if someone would choose to contest the outcome of the special election. Why do you think the first election was declared invalid? Is there something more going on then just someone being a stickler for bylaw election procedure?
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Hey Rocky, watch me pull a rabbit out of my hat.
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06-11-2008, 04:25 AM
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This Ain't So Bad
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Join Date: Nov 2002
Location: Green Bay, Wisconsin
Posts: 69
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Re: Enforcing By-laws for Election
There are lots of different tracts on this post - to the originator, the vote should have stood. Unless a point of order was raised at the meeting, the election results should have stood. If you wanted to get technical, someone could have placed a motion to suspend the rules for the purpose of securing a nomination and then the election could have been held.
For Twingles - it's a different situation - but the same rules would apply. The big thing is that this person was virtually running uncontested. It sounds like this person will continue to run uncontested. So now, with all the posts and mailings and invalid elections one has to wonder what kind of damage is being done to the perception of the group as a whole.
We don't have a deadline for nominations - and unless you are voting by a mail ballot system, you'd have to ask why one exists. Nominations are open until the annual meeting. All of our parents are notified of the date of the annual meeting, the agenda for the meeting, and any proposed by-law changes 30 days prior to the meeting. If people want to vote, they make plans to show up to the meeting.
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06-11-2008, 08:16 PM
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Baby Steps
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Join Date: Jun 2008
Posts: 4
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Re: Enforcing By-laws for Election
Exactly raptordad. Ours are run the same way, Every knows when the elections are and that there was a vacancy for president that needed to be filled. It was known to all parents & staff for months prior to the election meeting. This mother had just decided that night that if no one else was going to take the position that she would.
She will be great for the position. Yet, she would not take it on, if someone else was going to step up. The "special meeting" for the election is tomorrow is tomorrow and she is now discouraged. She cannot decide what to do now. With the current PTO "appearing" to be not cooperating.
There was an email send to current board members and chairs that basically stated: the president position is open, nominations will be taken from the floor, a 5 min. speech can be given and all should be in attendance so the BEST candidate can be chosen.
The woman who ran for the position and the vote was considered "invalid" was forwarded this email from one of the chairs. This has only made her even feel more now that she is being pushed out for some reason.
I am not sure what to say. Besides if there are no other plans then that email should have been worded better and safer.
Suggestions?
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