Leadership Letter
August 2022

ASK COUNSELOR TARA
ASCE’s General Counsel Tara Hoke responds to legal questions posed by Sections and Branches here each month. Send Tara an email with your question.
Should we impose term limits on our officers or committee members?
Do your bylaws spell out term limits for your officers, directors, or committee members? Are term limits useful, or even necessary?

Although there is no legal requirement for a nonprofit to impose term limits on its leadership, decisions on whether or how to restrict an individual’s participation can have a significant impact on your group’s success. Here are some pros and cons of term limits to consider.

Pros of term limits include:
  1. Prevents stagnation, with leadership who become tired or complacent in fulfilling their roles.
  2. Helps to prevent the group from running like an insider’s group, where leaders make decisions based on personal interest rather than to benefit the group as a whole.
  3. Reduces the likelihood that one or two vested individuals may have an undue influence on the group as a whole.
  4. Provides more opportunities for members to get involved, fosters diversity, and makes it easier to change group dynamics or to adjust to changing needs.
Cons of term limits include:
  1. Loss of institutional knowledge or expertise, increasing the risk that new leadership may repeat the same mistakes or continually reverse course on actions taken by its predecessors.
  2. Increases the amount of time needed to recruit, elect, and orient new members and to build a cohesive group dynamic.
  3. Loss of contributions from individuals with demonstrated commitment and proven effectiveness as leaders.
While there is no such thing as a one-size-fits-all model for term limits, groups should consider these pros and cons along with the specific needs of their organization to find the right balance for their leadership. For example, groups experiencing a bottleneck where volunteers are unable to find leadership roles might consider setting strict term limits, while others who have struggled to fill vacancies might want to relax restrictions on reelection or reappointment. Groups filling committee roles where experience and historical knowledge are important might choose to set a higher limit on reappointment, while those that would benefit most from fresh ideas and enthusiasm might have better success with regular turnover.

However your group wishes to proceed, it is important to review your governing documents to ensure that the language is consistent with your preferred practice. Contact ASCE’s legal department if you need help with changes or have any questions about interpreting your rules.