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ASK THE PARLIAMENTARIAN
BY MIKE SWIFT, VVA PARLIAMENTARIAN
Q: Can a chapter’s
or a State Council’s bylaws
prescribe requirements for national office in addition to
those in the VVA Constitution?
A: No. The VVA Constitution
is a higher-ranking document than the State Council or chapter
bylaws. A lower-ranking document cannot abrogate a rule prescribed
by a higher-ranking document. Robert’s, page 550, line
28, points out: “The
bylaws of a subordinate unit need to conform to those of
a superior body.”
Q: If the bylaws prohibit a member
from holding two offices at the same time, can a member run
for more that one office?
A: Yes. A member can run for more
than one office. Robert’s,
page 426, line 2, states: “if a person has been nominated
for a number of offices, it may happen that the same person
is elected to more than one office. Although, strictly speaking,
there is no prohibition against a person’s holding
more than one office, it is understood in most societies
that a member can serve in only one such capacity at a time,
and sometimes the bylaws so provide. In such a case, if the
person elected to two or more offices is present, he can
choose which of the offices he will accept. If he is absent,
the assembly should decide by vote the office to be assigned
to him, and then should elect persons to fill the other offices.”
Q:
What defines if a president is counted in a quorum?
A: There
are two conditions for determining a quorum when a president
is involved. Robert’s, page 440, line 31,
states: “As an ex-officio member of a committee, the
president has the same rights as the other committee members,
but is not obligated to attend meetings of the committee
and is not counted in determining the number required for
a quorum or whether a quorum is present.” As an ex-officio
committee member, the president is not counted in the quorum.
On page 334, line 2, Robert’s states: “A quorum
in an assembly is the number of voting members who must be
present in order that business can be legally transacted.” In
the board or chapter meeting, the president, as a voting
member, is counted in determining the quorum.
LEADERSHIP CONFERENCE
SEMINAR
As VVA’s National Parliamentarian, I have been asked
to present a seminar on parliamentary procedure at the 2008
National Leadership Conference in Greenville, South Carolina.
Please submit requests for material you would like me to
cover in my presentation. Send your suggestions to parliamentarian@vva.org or mswiftrp@parligroup.com and type “NLC” in
the subject line.
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2008, Vietnam Veterans of America. All Rights Reserved. 8719 Colesville Road, Suite 100, Silver Spring, MD 20910