NOMINATING COMMITTEE PROCEDURESRevised January 5, 2007The following is a summary of the Nominating Committee duties and procedures, which have been established as Association policy:1. The Chairman shall receive in care of the C.A.R. office all correspondence on nominations and classify nominations for presentation to the Committee.2. The Chairman and Vice Chairman serve as voting members.3. Roberts Rules of Order are to be followed.4. Advance Report to Nominating CommitteeA list of nominees will be submitted to Nominating Committee members fifteen days prior to the opening of the regular meeting preceding the last Directors' meeting of the year. This material is to be held confidential. It is for review of committee members prior to their meeting. It is also provided so committee members will be aware of any special nominations from their respective regions.5. Meetings are open to Nominating Committee Region Representatives and Alternates only. Region Representatives and Alternates will respond to roll call. Should the Region Representative and Alternate member be absent from the meeting, the committee shall proceed, as all that is needed is a majority of the appointed members present. Less than 100% attendance does not affect the validity of the committee's decisions.Other members who wish to appear before the Committee shall make appointments in advance and advise the Chairman of their presence through the attendant at the door. Alternates may remain in the committee sessions at the discretion of the Committee, but participate in discussion or voting only when serving in the absence of the Region Representative.6. Alternate Member -- Should a Region Representative be unable to attend, he/she shall advise their Regional Chairman and C.A.R. and request the Alternate, to attend on his/her behalf. Only official Alternates may serve in the absence of the Region Representative.Note: It is important that each Region appoint an Alternate Member to the Nominating Committee, and that Alternate Member be encouraged to attend all Nominating Committee meetings.7. Privileged Information -- In all fairness to our members andnominees, Committee members must consider discussions within the Committee confidential and not to be taken outside the committee room -- use discretion.8. Confidentiality Agreement -- The Association mandates the use of a Confidentiality Agreement for all members of the Nominating Committee, including the Alternates and all participants in the nominating process. This document is to be distributed to each member of the Nominating Committee at the January Meeting.9. Nominating Committee-- Members are designated to represent the interests of the entire Association rather than the interest of any single person, local association or Region. Therefore, members should seek out and nominate the most qualified candidate for office. Committee members are to come to the meeting uncommitted to any one candidate and are expected not to make or be bound by any advance commitments. Members should NOT become involved in participating in a candidate's campaign, i.e., telephone calls, distributing brochures, etc. However, this does not preclude members from discussing the candidates and their particular qualifications among themselves. Members should educate the members at their respective Regional Caucus meetings on the guidelines and procedures followed by the Committee.Members shall be aware of and be familiar with the Association's 2007-2009 Strategic Plan and Budget Summary. The goals and objectives of the Plan shall be primary standards against which abilities and skills of potential Officer nominees shall be examined.10. Endorsements – The Nominating Committee shall require that a candidate have the official endorsement of the candidate’s own Region in order to be qualified for nomination by the Nominating Committee. Endorsements from other Regions and local Associations are permitted. Nominating Committee Members and Alternates are to remain neutral with respect to candidates for office until the Nominating Committee has officially determined thenominees. Endorsements shall not be binding on a Nominating Committee Member or Alternate, and shall not be announced at the Board of Directors, Executive Committee, or the Nominating Committee meetings. Candidates may announce endorsements atCaucus Visits.11. Service on the Nominating Committee does not preclude the nomination of a Member thereof, but such Member of the Committee should excuse himself/herself during discussions involving that office.12. Local associations and/ortheir REALTOR® Members and REALTOR-ASSOCIATE® Members may submit to the Nominating Committee such recommendations as they desire for Officers of the Association. The Nominating Committee shall hold stated meetings at the regular meeting preceding the last Directors' Meeting, at which time candidates and/or their sponsors may appear on their behalf. At that Directors' Meeting, the Nominating Committee shall place in nomination the name of one or more nominees for the offices of President-elect, Treasurer and Executive Vice President/State Secretary. The list of nominees for these offices shall be posted at the place of said Directors' Meeting at least 24 hours prior to the time at which such meeting shall be convened.Nominations for the offices of President-elect, Treasurer and Executive Vice President/State Secretary may be made from the floor by any REALTOR® or REALTOR-ASSOCIATE® Member present at the meeting at which officers are to be elected. 13. Procedures have been recommended by the Board of Directors from time to time to apply, particularly in the case of nominations for Directors for Life. Recommendations are not binding upon a Committee except as contained in the Bylaws. However, it has been the practice for committees to take into consideration recommendations officially adopted by the Board of Directors as expressing the general sentiment of the membership.14. Qualifications - Candidates for Officer PositionsPersons intending to be candidates for the California Association of REALTORS® offices of President-elect and Treasurer shall submit to C.A.R. a complete application package (using the most recent version prescribed by the Nominating Committee) which asks for information on a variety ofissues needed in order for the Nominating Committee to evaluate comprehensively the qualifications of those interested in serving as an officer of the association.It is understood by all declared candidates that (1) legal and credit reports, as well as information from the Department of Real Estate, federal and state courts, other federal, state, and local govern- mental agencies, and other entities and persons, will be obtained to assist the Nominating Committee in making nominating decisions; (2)periodic updates to such reports and information may be obtained; (3) such reports and information may be obtained either directly or through the use of investigative agency(ies); (4) the contents of such reports and information will be revealed to persons authorized by the Chair of the Nominating Committee; and (5) the C.A.R. Bylaws require a candidate to be and remain qualified as an officer of this association. At the first annual meeting of the Nominating Committee (in January)the Chairman of the Nominating Committee shall report to the committee the names of all persons who have completed the application package indicating their intention to seek office and the office for which they will be a candidate. Also, at the January meeting an informational Candidates Forum is scheduled during the Member/Director Forum so that the maximum number of Directors may become acquainted with the candidates for office.Following the January meeting, the qualifications of all candidates who have completed the application package will be reviewed to determine their eligibility to serve as an officer of the Association. The review shall include the following:-- Obtaining the legal and credit reports on each applicant for nomination;-- Nominating Committee Chairman, Vice Chairman, and Legal Counsel to review the application package submitted by each applicant together with the legal, credit and other reports obtained for such applicant;-- Nominating Committee Chairmanshalla) Complete the review of the qualifications of all declared candidates for offices of the California Association of REALTORS® prior to the summer mid-year meeting.b) Submit a summary of the review to the applicant.c) At the summer mid-year meeting, present a brief summary and candidate's response, if any, to the Nominating Committee, supported by such portions of the application package and the legal and credit reports as the Nominating Committee Chair considers appropriate.Note: As theChairman of the Nominating Committee is always a C.A.R. past president (per the C.A.R. Bylaws), he/she exercises extreme discretion in any comments made to the committee. As such, a Report is made to the committee, but the actual findings of the background check are confidential to the legal staff and the Chairman and Vice Chairman.In addition, note that Bylaws require that all officers, and persons nominated for office, be and remain qualified and in good standing at the time of nomination andduring their terms of office. Officers would be automatically removed from office upon restriction or loss of license, or conviction of a felony or crime of moral turpitude. (Article VI, and Article VII)15. Officer Candidate Informationa) Candidates and/or sponsors on their behalf have the privilege of appearing before the Nominating Committee.b) Candidates are to submit to the C.A.R. Office, on or before January 2, 2007, a completed Nominating Committee Application package together with a current copy of their C.A.R. Member Profile Form. This request, however, does not preclude later nominations.c) Thirty five days prior to the regular meeting preceding the last Directors' Meeting, candidate(s) is to supply C.A.R. headquarters with 80 copiesof the informational fact sheet and covering letter (if desired) which C.A.R. will distribute to the Nominating Committee.d) Campaign – There are no specific limits to be placed on candidate campaigns. Low key campaigning is encouraged. Note: See Exhibit A – 2002 "C.A.R. Campaign Guidelines" approved by the C.A.R. Directors in June 2000 and amended by the Board in June of 2002.In addition, i) Each candidate seeking a contested office (President-elect or Treasurer) is tobe given equal space in the California Real Estate magazine published in the issue prior to the summer Directors' Meeting of the year. ii) C.A.R. allows candidates to use the e-mails of C.A.R. Directors, in addition to AEs, but that any use includeadequate security procedures that: a) Do not transfer control or access or possession of the e-mails and b) Mask the identity of the e-mails so they cannot be copied. Further, that the e-mails contain a disclaimer to make it clear that the e-mails do not include an implied endorsement of the candidate by virtue of the origination e-mail address. Finally, that the candidates bear the costs, if any, necessary to provide this service while still keeping the e-mails secure. An opt outfeature will be provided. iii) "Guidelines for Consideration in the Election of C.A.R. Officers" are to be updated each year and included with the Nominating Committee Procedures and packet given to the Nominating Committee.16. Candidates - ContestedOfficeA. Appearance before Nominating Committee-- Appearance by each candidate is optional-- A drawing is to be conducted as to order of appearance of candidates -- Sixty minutes total time will be allotted each candidate to complete the following:10 minutes for candidate and delegation introductory remarks (use of this time will be at the discretion of the candidate);45 minutes for questions -- 5 minutes for prepared question from subcommittee, 5 minutes for unprepared question from subcommittee and 35 minutes for questions from Voting Members;5 minutes for concluding remarks by the candidate (or more questions if candidate desires); Note: If the candidate and/or delegation does not use all of the time allotted, the remaining time shall be added to the candidate's time for concluding remarks. -- Internal discussion/debate within the committee is to be withheld until all candidates have appeared before the committee. B. Candidate Questions (Contested Office)-- Each candidate is to beasked to respond to two question(s) that are the same.--A subcommittee is to be appointed to compose questions for report to the Nominating Committee for approval. One question will be given to the candidates 24 hours in advance of appearance. The second question will be prepared by the subcommittee thirty minutes in advance of the Nominating Committee meeting and will not be given to the candidates in advance. Two questions will be asked of the candidates.-- Each Region Representative and Alternate of the Nominating Committee is to be requested to prepare at least three relevant questions which could be asked the candidates for contested office.-- Voting members (except the Chairman) shall have the non-assignable opportunity to ask thecandidate one question upon having their region number/name drawn. The candidate will have the responsibility to determine the appropriate length of answer. At the conclusion of the appearance of all candidates for a particular office, the region numbers/names shall be placed back in the container.-- The Chair retains the right to disqualify any question that, in his/her judgment, is inappropriate. Note: If the Chair rules a question out of order, the member will have the option of asking another question or passing.C. Balloting-- Ample time is to be provided to permit discussion and debate among committee members prior to voting. -- Voting is by secret ballot.- The basis for determining a voting result is by majority. If no candidate receives a majority (more than half of the votes cast) on the first ballot, a second ballot is taken and so on until a majority is attained.-- Teller Subcommittee is to be appointed by the Chairman to collect and count the votes.17. Uncontested Candidates/Incoming President -- The Candidates for an uncontested office and the incoming President shall be invited to meet with the Nominating Committee for an unstructured exchange of views unless the Nominating Committee prefers a more structured format, e.g. similar procedure as for candidates for contested office.18. Candidates – Uncontested OfficeUncontested Office – President-elect and Treasurer Appearance by each candidate is optional; Forty-five minutes total time will be allotted each candidate to complete the following:-- 10 minutes for candidate and delegation introductory remarks (use of this time will be at the discretion of the candidate);-- 30 minutes for questions
Questions-Voting Members1) Voting members (except the Chairman) shall have the non-assignable opportunity to ask the candidate one question upon having their region number drawn.2) The candidate will have the responsibility to determine the appropriate length of answer.3)At the conclusion of the appearance of all candidates for a particular office, the region numbers shall be placed back in the container.4) The Chair retains the right to disqualify any question that, in his\\her judgment, is inappropriate.Note: If the Chair rules a question out of order, the member will have option of asking another question or passing.5 minutes for concluding remarks by the candidate.Note: If the candidate and/or delegation does not use all of the time allotted, remaining time shall be added to the candidate’s time for concluding remarks.19. Contested and Uncontested Candidates -- It is the responsibility of the Region Representative from the particular candidate's Region to report the results of the Nominating Committee action to the candidate at the conclusion of nominations for all offices. The committee is to stay in session, if possible, until all candidates are notified of the results.20. Procedure -- Directors-for-Lifea) The Nominating Committee may, at itsdiscretion, nominate Members completing requirements set forth in the Bylaws for the office of Director-for-Life. No more than three additional Directors-for Life shall be selected in any year. Nothing contained herein shall be interpreted as requiring the Committee to nominate the persons fulfilling said requirements.b) Position of Director for Life is one of the most prestigious awards, the other being the California Distinguished REALTOR® Award, that C.A.R. can bestow on a member. It is, therefore, important that the honoree is able to demonstrate (via the application and biographical information) years of outstanding performance and dedicated service to the Association.c) A prerequisite for consideration of a nominee for Director shall be a minimum of ten (10) years of ACTIVE service to the Association, of which a minimum of five (5) years shall have been served as a C.A.R. Director. In addition, applicant MUST have demonstrated outstanding service to C.A.R. for at least (5) ofthe (10) years of ACTIVE service to the Association.d) A subcommittee is to be appointed to review the Director for Life candidate applications for report to the Nominating Committee. The Nominating Committee shall discuss the report and, at its discretion, nominate up to three persons for the position of Director for Life.2l. Procedure -- Candidate Applications (NAR Director and Director for Life)-- A packet containing only the candidate application forms from the respective Nominating Committee member's Region shall be sent to the Nominating Committee. In addition, C.A.R. will make available to the Nominating Committee members at the appropriate meeting packets containing copies of all candidate forms for those wishing to review other applicationsfor these positions.22. Procedure -- NAR DirectorsRefer to Guideline Procedures for Selection of NAR Directors Representing the State Association, for the year 2007 and the document entitled "California NAR Directors – Being An Effective Representative" attached to these procedures -- Exhibits B and C. 23. The Board of Directors is composed of the following: a) The President, the President-elect and the Treasurer of the Association during their term of office;b) Each Honorary and Past President of the Association;c) Each Regional Chairman of the Association during his/her term of office;d) Not more than twenty (20) Directors-at-Large selected by the President;e) Immediate retiring Regional Chairman from each region;f) Each Chairman of anAssociation standing committee and each Member of the Executive Committee during his/her term of office;g) Each NAR Director from California during such persons term of office as an NAR Director.h) Directors-for-Life;i) Delegates selected by each Member Board;24. The term of office of any Director, other than Directors for Life and each Honorary President and Past President, shall be one (1) year or until his\\her successor is elected and thereafter installed in office and shall commence the day followingthe official closing of the NAR Convention and end the last day of the NAR Annual Convention of the following year. A Director may succeed himself in office.25. No individual shall have his/her name proposed for more than one of the following positions for the same elective year, nor shall it be the policy of the Nominating Committee to place names of persons not recommended for nomination to any one of the following positions into another classification:-- C.A.R. Director-- Director-for-Life Example 1: An individual cannot run for or apply for the position of the President-Elect and Director-for-Life at the same time. Example 2: If the Nominating Committee has considered the names of two candidates for the office of Treasurer, and recommended one of them, the other will not be placed into Nomination as a Director-for-Life.26. Members of the Committee will find their work made easier if this sequence of nomination is followed at the regular meeting preceding the last Directors' Meeting:1) NAR Directors; 2) Director-for-Life; 3) Officers - Executive Vice President\\State Secretary; Treasurer, President-elect C.A.R. BYLAWSARTICLE V – BOARD OF DIRECTORSSection 5 – Election of Directors-for-Life and Directors-at-Large5.1 The C.A.R. President may select up to twenty (20) Directors-at-Large to serve during the year of the President's term of office subject to the ratification of the Board of Directors. If any Directors-at-Large under thissubsection are ratified after January 1 of the elective year of the President, he or she shall only serve as a Director for the balance of the elective year.5.2 The Board of Directors may select Directors-for-Life who may serve as long as they retain REALTOR® or REALTOR-ASSOCIATE® Membership in the corporation and each of whom shall have the right to vote and hold office. Members shall be eligible for nomination for Director-for-Life upon submitting (1) a completed Director-for-Life form then being utilized by the Association to the Association headquarter's office as well as a copy to the Regional Chairman of the Region of the member, and (2) a resolution by the Board of Directors of the Member Board that pays the State and National dues for the nominee. No more than three additional Directors-for-Life shall be selected in any year.ARTICLE VI - OFFICERSSection 1. Officers.1.1 Number of Officers. The officers of the Association shall be as follows: President, President-elect, Executive Vice President/State Secretary, and Treasurer. 1.2 Election. The Board of Directors shall elect the offices of President-elect, Executive Vice President/State Secretary and Treasurer at the regular meeting preceding the last regular Directors' Meeting of the year providing the Nominating Committee has nominated candidates for the office to be elected and any nominations made from the floor for the respective office have been previously submitted to the Nominating Committee. If a nomination has been made for an office that has not been previously submitted to the Nominating Committee, or in the event no nomination has been made, nominations for that office shall remain open for thirty (30) calendar days after the close of the Directors' meeting and the election for that office shall take place at the next scheduled Directors' meeting.1.3 Term of Office; Qualifications. Except for the office of Treasurer, which shall serve a two-year term, the officers shall hold office forone elective year and thereafter until their successors are elected and qualified. Except for the office of Executive Vice President/State Secretary, elected officers of the Association must be, and remain during their entire term in office, REALTOR® and/or REALTOR-ASSOCIATE® Members who are qualified and in good standing. A member shall not be qualified and in good standing under this Section if such member does not maintain a current valid unrestricted DRE or OREA license, or is convicted of a felony or a crime involving moral turpitude.Section 2. AuthorityThe President, President-elect and Treasurer shall have power to act for the Board in carrying out the policies and activities of the Association between meetings of the Board. A majority vote of said officers shall constitute approval and authority to transact such business between meetings of the Board.Section 3. President.3.1 The President shall have served as President of a Member Board and shall havebeen a Member of the Board of Directors for at least two full terms, with a good attendance record, prior to the commencement of the term to which elected. 3.2 It shall be the duty of the President to preside at all meetings of the Association, Board of Directors and Executive Committee and perform all other duties usual to such office. The President shall have power to appoint and dissolve for cause all committees, subject to the approval of the Board of Directors and the provisionsof these Bylaws. The President shall make a summary report of the proceedings of the fiscal year at the last regular Directors' Meeting of the year and shall submit such recommendations as may be deemed necessary.Section 4. President-elect.4.1 The President-elect shall have served as President of a Member Board and shall have been a Member of the Board of Directors for at least two full terms, with a good attendance record, prior to the commencement of the term to which elected.4.2 It shall be the duty of the President-elect to serve as advisor to the staff under the direction of the President. The President-elect shall perform the duties of the President in the event of absence or disability of the President and shall perform such other duties as may be enjoined upon the President-elect by the Board of Directors. The President-elect shall automatically succeed to the presidency as long as such person remains qualified under this Article VI.Section 5. Executive Vice President/State Secretary.5.1 The Executive Vice President/State Secretary shall be the chief administrative officer of the Association. It shall be the duty of the Executive Vice President/State Secretary to administer the business of theAssociation subject to the approval of the President and Board, and to perform all duties attendant with the office including but not limited to the following:(a) Subject to Article VI, to select and remove all other staff officers, employees and agents of the corporation, prescribe such powers and duties for them as may not be inconsistent with law, the Articles of Incorporation, or the Bylaws, and, subject to the approval of the Officers pursuant to Article VI, Section 2, fix their compensation.(b) Establish a bank account or accounts in the name of the Association in such bank or banks as may be necessary;(c) Except as otherwise provided in the Articles of Incorporation or the Bylaws, sign directly or by means of duly authorized assistants all warrants or checks upon the treasury for the payment of the expenses of the Association;(d) Collect monies, keep the accounts and books and be the custodian of the Association records;(e) Secure such group insurance policies covering Members ofthe Association as the Board of Directors may direct or authorize;(f) Execute and deliver contracts, agreements and other written instruments entered into in the ordinary course of business of the Association in accordance with the approved Strategic Plan and Budget or as specifically authorized by the elected officers and designate other department vice presidents employed by the Association to execute such contracts; and(g) Report to the Officers and Board of Directors and render an annual report to the Association.The Executive Vice President/State Secretary shall annually prepare, in conjunction with the Strategic Planning and Finance Committee and the Treasurer a budget for the ensuing year and the Treasurer shall submit the same tothe Board of Directors for their approval at the last regular Directors' Meeting of the year.The Executive Vice President/State Secretary need not be a Member of the Association.Section 6. Treasurer.6.1 The Treasurer shall have been a REALTOR® or REALTOR-ASSOCIATE® Member of the Association for at least three full years, and shall have been a Member of the Board of Directors for at least two full terms, with a good attendance record, prior to the commencement of the term to which elected.6.2 It shall be the duty of the Treasurer, in conjunction with the Strategic Planning and Finance Committee, Executive Vice President/State Secretary and the Executive Committee, to prepare an annual budget to be approved by the Board of Directors at the last regular Directors' Meeting of the year and render a statement of the Association accounts to the Board of Directors and Executive Committee at each regular meeting and at such other times as either may require.6.3 All warrants or checks drawn upon an account of the Association for less than $10,000 shall be signed with the facsimile signature of the Executive Vice President/State Secretary or be signed by any two staff members authorized to execute checks. The Board of Directors shall approve a list of staff members authorized to execute checks. Checks in excess of $10,000, with exception of payment of withholding taxes or transfer of funds from one Association account to another, shall be signed by one officer of the Association and one of the staff members referred to above.6.4 No person shall be eligible to hold the office of Treasurer for consecutive terms, unless that person has served less than one year of his term.Section 7. Succession, Removal and Vacancies.7.1 In the event of the President's death, disability, resignation, removal or failure to remain qualified, the President-elect shall serve the remaining term of the President. The President-elect who fills the vacancy will automatically become President for a full term upon the completion of the un-expired term.7.2 In the event of the President-elect's death, disability, resignation, removal or failure to remain qualified, prior to his or her succession to President, the Board ofDirectors shall fill the vacancy by electing a member who is qualified to serve as President at its next regularly scheduled or special directors' meeting. 7.3 In the event of death, disability, resignation, or removal of both the President and President-elect, the next immediate past State Association President who is a Member in good standing, capable of serving and who will accept shall, within fifteen days, call the Executive Committee together, and shall serve, subject to the approval of the Executive Committee, as acting President until such time as the Board of Directors shall elect a successor.7.4 In the event of the Treasurer's death, disability, resignation, removal or failure to remain qualified, the Board of Directors shall fill the vacancy by electing a member who is qualified to serve as Treasurer at its next regularly scheduled or special Directors' Meeting.7.5 In the event any officer fails to remain qualified for office as specified in this Article, theoffice shall automatically be vacated without further action by the Board of Directors. The Board of Directors may also remove any officer by a majority vote of the Board of Directors present at any regular or special meeting.7.6 A vacancy inany office between Directors' Meetings may, but is not required to be, filled on an interim basis, by appointment by either the remaining officers, or, if the remaining officers are unable to make such an appointment, the Executive Committee, until such time as the Board of Directors shall elect a qualified member to hold such office at its next regularly scheduled or special Directors' Meeting.Section 8. Bonding Requirements.The President, the President-elect, the Executive Vice President/State Secretary and assistants authorized to execute checks, and the Treasurer shall furnish a bond to the Association satisfactory in form and amount to the Board.Section 9. Compensation.Except for the office of Executive Vice President/State Secretary, theofficers shall receive no compensation for their services.ARTICLE VII - NOMINATIONSSection 1. Nominating Committee.1.1 Duties and Authority. The Nominating Committee may, but is not required to, place in nomination the names of Officersand Directors specified below to be elected for the ensuing elective year.1.2 Composition and Selection. The Nominating Committee shall be selected before December 1 and shall be composed of the following:(a) The past state President who served the elective year before the immediate past state President who is eligible (i.e., a member in good standing and capable of serving) and willing, who shall serve as Vice Chairman; the past state President who served in the second elective year before the immediate past state President, who is eligible and willing, who shall serve as Chairman; and the immediate past State President who shall serve, as ex-officio, as non-voting committee member.
(b) One REALTOR® Member or one REALTOR-ASSOCIATE® Member from each Region selected by the C.A.R. Directors from such Region to represent the Region; and(c) One REALTOR® Member or one REALTOR-ASSOCIATE® Member at-large appointed by the President.1.3 Alternates.(a) One REALTOR® or REALTOR-ASSOCIATE® member may be selected as an alternate from each region by the C.A.R. Directors from such region to represent the region in the event the representative selected pursuant to Section 1.2(b) is unable to serve.(b) The C.A.R. President may select one REALTOR® or REALTOR-ASSOCIATE® member as an alternate to serve in the event the representative selected pursuant to Section 1.2(c) is unable to serve.(c) Alternates selected pursuant to this section 1.3 shall have the right to attend all Nominating Committee meetings, whether or not the representative from that region is present.1.4 Vacancies. In the event a vacancy occurs on the Nominating Committee after December 1, and inthe event there is no available alternate, the vacancy shall be filled in the same manner as the committee member was originally selected under Section 1.2. In the event the Chairman or Vice Chairman of the Nominating Committee is unable to serve,the vacancy shall be filled with the most recent past state President who served prior to the past state Presidents eligible to serve under Section 126.96.36.199 Qualifications. No person may be selected to serve as a Nominating Committee Region representative under Section 1.2 (b) of this Article if that person was selected by the same Region under Section 1.2(b) and served in that capacity for any part of the previous elective year. The Region is not required to select an alternate serving in previous years as the Region representative under Section 1.2 of this Article.Note: Nominating Committee Vacancies – Reference Section 1.4 above.In order for a member/alternate to be seated at the Nominating Committee meeting, the name of the replacement must be submitted in writing by the Regional Chairman to the Chairman of the Nominating Committee, care of the C.A.R. office.Section 2. Nominations for Officers.2.1 Submission; Meetings. Member Boards and/or their REALTOR® Members and REALTOR-ASSOCIATE® Members may submit to the Nominating Committee such recommendations as they desire for officers of the Association. The Nominating Committee shall hold stated meetings at the regular meeting preceding the last regular Directors' Meeting of the year, at which time candidates and/or their sponsors in their behalf may appear.2.2 Nominating Committee Nominations. The Nominating Committee may, but is not required to, place in nomination at the regular Directors' Meeting preceding the last regular Directors' Meeting of the year, the name of one or more nominees for the offices of President-elect, Executive Vice President/State Secretary and Treasurer. The list of nominees for these offices shall be posted atthe place of said Directors' Meetings at least 24 hours prior to the time at which such meeting shall be convened.2.3 Other Nominations. Nominations for the offices of President Elect, Executive Vice President/State Secretary and Treasurer may be made from the floor by any REALTOR® or REALTOR-ASSOCIATE® Member present at the regular meeting preceding the last regular Directors' Meeting of the year or, if the Nominating Committee fails to nominate a candidate, nominations for such offices may be made within thirty (30) calendar days after the meeting preceding the last regular Directors' meeting of the year.2.4 Qualifications. No person may be nominated under any provision of this Article unless such person is qualified for office pursuant to Article VI at the time of nomination.Examples of the above for Illustration – see belowSection 3. Nominations for Directors-for-Life.The Nominating Committee may, in its discretion, nominate Members completing the requirements set forth in Article V, Section 5 for the office of Director-for-Life. Nothing contained herein shall be interpreted as requiring the Committee to nominate the persons fulfilling said requirements.EXAMPLES
#1 Two candidates are running for Treasurer. Both have gone through the background checks and have made presentations to the Nominating Committee. The Nominating Committee recommends one candidate for Treasurer. The other contender is nominated from the floor at the June meetings. The election is held at that meeting.#2 One candidate is running for Treasurer. This candidate has been screened with a background checks and has made a presentation to the Nominating Committee. The Nominating Committee recommends the candidate for Treasurer. Another contender is nominated from the floor at the June meetings. This person had not submitted the paperwork to the Nominating Committee nor had the person been screened with a background check. The election is delayed until the next meeting.#3 One candidate is running for President-elect. The background check on this candidate reveals that he has had his license suspended in the past for trust account violations. The background check reveals many pending other lawsuits that may come to fruition during the person's term of office. The Nominating Committee declines to nominate any person for the office of President-elect. Nominations may be made from the floor and nominations will be held open for thirty more days after the meetings. Background checks will be conducted on any new candidates nominated from the floor or after the meetings. The Nominating Committee will have the opportunity to commenton any of the candidates so submitted and make a recommendation. The election would take place at the fall meeting.#4 One candidate is running for President-elect. The background check on this candidate reveals that he has been in jail for forgery and drug use. The background check reveals a few DRE disciplinary actions due to the criminal convictions. Although the candidate is very repentant, the Nominating Committee declines to nominate any person for the office of President-elect. Nominations may be made from the floor and nominations will be held open for thirty more days after the meetings. This candidate is one of the persons nominated from the floor. Background checks will be conducted on any new candidatesnominated from the floor or after the meetings. The Nominating Committee will have the opportunity to comment on any of the candidates so submitted and make a recommendation and the election will take place at the fall meeting. Even though the original candidate had previously been subjected to Nominating Committee scrutiny, since the Nominating Committee failed to nominate anyone, the elections are held over until the next meeting. ___________________________ Please note thatnone of the examples above included the incoming President. Since the President-elect automatically succeeds to the Presidency, there is no nomination or election of the person in the year before his or her term commences for President. In effect, the President has been elected two years in advance. The incoming President is subjected to an update of the background check, however, to verify that the person still remains in good standing at the time he or she takes office.## Attachments: Exhibit A = C.A.R. Campaign Guidelines Exhibit B = Guideline Procedures for Selection of NAR Directors Exhibit C = California NAR Directors-- Being An Effective Representative