November 13, 1997
Mr. Peter Nalaskowski, General Manager
Polish & Slavic Federal Credit Union
140 Greenpoint Avenue
Brooklyn, NY 11222
Dear Mr. Nalaskowski:
You have asked whether the board of directors may set guidelines
for the nominating committee to follow in the selection process
and whether the board of directors may nominate individuals whom
the nominating committee fails to nominate.
The board of directors of a federal credit union (FCU) may establish
policies for the nominating committee to follow. Section 113
of the Federal Credit Union Act (the Act) states that the board
has the general direction and control of the affairs of the FCU
and shall prescribe conditions and limitations for any committee
it appoints. 12 U.S.C. §1761b. Such policies may include
qualifications or requirements for nominees. The policies may
only be applied in determining whether members are deserving of
nomination and cannot be used to prevent other members from running
for the board either by petition or by nomination from the floor,
whichever your bylaws permit.
The only eligibility requirements for FCU board membership are
those contained in the Act. Those sections provide that, as long
as an individual is a member and has not been convicted of a crime
involving dishonesty or breach of trust --or if convicted of such
a crime, the NCUA Board has waived the prohibition-- then the
individual is eligible for board membership. 12 U.S.C. §§1761,
1785(d). Article VI, Section 7 of the FCU Bylaws and the Standard
Bylaw Amendments also permit the board of directors to set a minimum
age requirement.
The FCU Standard Bylaws and Amendments provide the permissible
ways for nominations to be made: by the nominating committee,
by petition, or from the floor. The board of directors does not
have the authority to nominate candidates or to add to those candidates
selected by a nominating committee.
Sincerely,
Sheila A. Albin
Associate General Counsel
OGC/DMS:bhs
SSIC 3700
97-0831