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Resignation and election of new chair…


Guest James Roberts

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At today's meeting of an airport authority, the chair announced he was stepping down as of the next day. The authority's by-laws only define that elections of officers should take place at the annual meeting. The by-laws don't define whether the vote should be taken by roll-call or simple voice vote. Further, the by-laws don't make any reference to an "interim chair" position.

Does RRNR address how resigned seats should be filled? Since there is no "interim chair" position defined in the by-laws, wouldn't the newly elected person be "the" chair until another election is held (either at the annual meeting or when the motion to do so is raised again)? Shouldn't the vote be taken by roll-call?

Thanks for your assistance.

 

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Vacancies and how to fill them are discussed on pages 467-468 of RONR.  However, since this is apparently a public body, there might be provisions in your bylaws or state law or other superior law regarding filling vacancies.  Also, per RONR, if there are no contrary provisions in your bylaws or controlling law, if you have a vice-chairman, he automatically and instantly became chairman upon the resignation of the chairman.  The vacancy is thus created in the office of the vice chairman.  You should also note that even though he announced his resignation at a meeting, it still should be formally accepted by the body (the airport authority).  Unless you have a rule to the contrary, he can withdraw his resignation before the body has had an opportunity to act on it.   Unless you have a rule to the contrary, a resignation does not become effective until it has been accepted.   Did the body accept his resignation at the meeting where he verbally resigned?

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Richard,

There was no motion to accept the resignation. There are no contrary provisions in the by-laws or controlling law. The Authority does have a vice chair. 

From your comments, I would then assume that the chair is still the chair as his resignation wasn't formally accepted. There was a motion that thanked him for his past 6-years. Would that qualify as an acceptance? I also take from your comments that the vice-chair would become chair, not the "interim chair." It also occurred to me that "interim chair" isn't even a position defined in the by-laws and can't be created out of the blue.

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