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President resignation


Guest Renee

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The president of our booster group resigned the other day. Our bylaws state that a replacement shall be elected by a quorum (2/3) of members present. But it also says in another article that elections  must be held no less than 2 meetings prior to the end of the school year and elections take place one month later so we had our nominations last month and will hold regular elections in just a few weeks. Our bylaws do not say anything about when the election for a replacement should take place. So when would we have this?  And since we already accepted nominations for the role, do we have to open it back up and take new ones?  The president's resignation has not been officially accepted yet as it was sent in an email to the BOD, not signed. (Although he says he's done and will do nothing else for us.). I assume we will be asking him to put it in writing and read it at the next meeting, when we are to have regular elections. 

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Unless the By-laws state otherwise, the Vice President, or First Vice President if there are two or more Vice Presidents, would automatically become President if the President resigns, dies in office, is removed from office, etc.

The President is still the President until the resignation is accepted, or until after the group empowered to accept the resignation has had an opportunity to accept the resignation. 

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But our bylaws state that a replacement will be elected by a quorum, but does not state when this election will be held.

Can we wait to accept his resignation until our next meeting, even though his resignation email says, "effective immediately"?  

And do just go with the previously nominated person or do we have to open nominations back up?

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8 minutes ago, Guest Renee said:

But our bylaws state that a replacement will be elected by a quorum, but does not state when this election will be held.

Does the By-law specifically state the Vice President does not become President?  OR does it just talk about a vacancy?  If the RONR is your parliamentary authority, then unless the By-laws specifically state that the Vice President does not become President is the Presidency becomes vacant, then the Vice President will become President once the resignation is accepted.

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Can we wait to accept his resignation until our next meeting, even though his resignation email says, "effective immediately"?

Yes, of course you can.

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And do just go with the previously nominated person or do we have to open nominations back up?

Well, as there is currently no vacancy then there should be no nominations.  It would be better to first accept the resignation and then open the nominations up again - even if only to nominate the one person.

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14 hours ago, Guest Renee said:

The president of our booster group resigned the other day. Our bylaws state that a replacement shall be elected by a quorum (2/3) of members present. But it also says in another article that elections  must be held no less than 2 meetings prior to the end of the school year and elections take place one month later so we had our nominations last month and will hold regular elections in just a few weeks. Our bylaws do not say anything about when the election for a replacement should take place. So when would we have this?  And since we already accepted nominations for the role, do we have to open it back up and take new ones?  The president's resignation has not been officially accepted yet as it was sent in an email to the BOD, not signed. (Although he says he's done and will do nothing else for us.). I assume we will be asking him to put it in writing and read it at the next meeting, when we are to have regular elections. 

I think some confusion is being generated by the fact that this organization is apparently so near to the end of the current officers' terms.  I'm, assuming that the terms of the current officers expire at or near the adjournment of the meeting at which the elections take place.  However, regardless of when the terms end or the new officers take office, if the president's resignation is accepted, the current vice president becomes president only for the remainder of the current term of office.  It appears to me that the current term has only a month or so left in it. Elections for the next term should proceed as normal.  I don't see how the current president's resignation has any effect on that whatsoever.

Elections to fill vacancies should be held as soon as possible.  I believe the bylaw being being referenced is referring to the regular elections, not to a special election.   However, unless your bylaws specify that the vice president does not become president in the event of a vacancy in the office of the presidency, you have (or will have) a vacancy in the office of vice president, not that of president.

Edited to add:  Do your bylaws state specifically that a vacancy in the office of the president shall be filled by a special election rather than by the vice president?  What do your bylaws say about the duties of the vice president?   Do they make reference to him (or her) assuming the office of president in the event of a vacancy?

Edited by Richard Brown
Added last paragraph
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