Chair resigns and vice-chair refuses to take the chair

[SaintCad]

Interesting development in a local organization I'm working with.  Chair resigns and under the bylaws, the vice-chair becomes chair and wants to stay as vice-chair.  Besides everyone involved asking "The why did you become vice-chair?" there is the question of the (ex?)vice-chair's actual position.  Mine is that they are the chair and by announcing that they do not want to be chair they are Requesting to be Excused from Duty.  She is no longer vice-chair BUT the bylaws state that the chair can appoint to fill vacant positions - BUT that means she can't appoint herself since a person can not be in two offices concurrently. 

 

If this were to be done under RONR, how would it be handled?

[Gary Novosielski]

The vice-chair became chair automatically and instantly upon the resignation of the chair becoming effective.

 

The vice-chair may not want to be chair, but is, nevertheless.  (The time to contemplate whether one wants to become chair is before accepting the position of vice-chair.)

 

If the new chair has the power to appoint to fill vacancies, the chair may appoint a new vice-chair, since that office is vacant, but cannot appoint a new chair, since that office is not vacant.

 

I'll take your word for it that one person cannot hold two offices, according to your bylaws, but it would make no sense anyway for one person to be both chair and vice-chair.

 

The new chair can ask to be excused from duty (i.e., may resign).  Then there would be two vacancies, unless a new vice-chair has already been named, in which case that person becomes chair, and the vice-chair office is vacant again.

 

You may see a path toward getting what this person wants, but frankly, anyone who is unwilling to serve as chair should not accept the position of vice-chair, and if the voters are aware of this they should not elect anyone who is unwilling to perform one of the principal duties of the office.