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Guest Darlene Stever

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Guest Darlene Stever

Our President recently resigned.  In his resignation letter he stipulated that the current Treasurer would become the President and the current Secretary would become the Treasurer while remaining the Secretary.  Our Bylaws do not stipulate if an officer can hold more than one position.  I couldn't find it in Robert's Rules either.  Is this acceptable?  Also, can the resigning President stipulate that the Treasurer becomes the President if we have a Vice-President in place?

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Under the Election Rules it states "If an Officer indicates that he/she is not able to perform his/her duties, a special meeting of the board will be held to appoint a replacement for the remainder of the term of office.  The Vice-President should be trained to assume the responsibilities of the President should it be necessary."  Doesn't this mean that the Vice-President should assume the President's office for the remainder of his/her term of office?

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1 hour ago, Guest Darlene Stever said:

Our President recently resigned.  In his resignation letter he stipulated that the current Treasurer would become the President and the current Secretary would become the Treasurer while remaining the Secretary.  Our Bylaws do not stipulate if an officer can hold more than one position.  I couldn't find it in Robert's Rules either.  Is this acceptable?  Also, can the resigning President stipulate that the Treasurer becomes the President if we have a Vice-President in place?

No, you follow the bylaws and your parliamentary authority, not statements in the resignation letter.

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I agree with Hieu that the president who is resigning has no authority to "stipulate" or appoint people to elected positions unless your bylaws specifically give him that power.   Whether the vice president automatically becomes president is not clear from what you presented.  If your bylaws are silent, then, per the provisions of RONR, the vice president automatically becomes president in the event of a vacancy in the office of President.

From page 458 of RONR:  "In case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president."

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From page 458 of RONR:  "In case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president."

It seems like the bylaws do "provide otherwise for filling a vacancy in the office of president":

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 a special meeting of the board will be held to appoint a replacement for the remainder of the term of office

 

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It seems to me that this society's expressly provides a specific procedure for the filling of vacancy in any office, including the office of president. Ultimately, it would be up to the society to determine the meaning (and sufficient level of expressiveness) of their bylaws. It is clear though that the resigning president cannot unilaterally pick and choose his/her successor.

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Mr. Brown's quotation from page 458 loses some of its forcefulness by being completely italicized. In the book it is italicized as follows:

"In case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president."

This organization's bylaw provision, as quoted by the OP, fails to expressly provide otherwise for filling a vacancy in the office of president.

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