Guest Leo

Can the Board place an unqualified person on the Board?

4 posts in this topic

The Board just filled the vacancy of the Treasurer.  The person they voted in is to be an interim Treasurer.  The interim they say is not a member of the Board and will not have the same

privileges of a regular Board member.  This person had been on the Board with the same position for 4 years and ended tenure last Calendar year.  Our Bylaws state that "No member can be on the Board for more than 4 consecutively years as an officer or member of the board in any capacity".  This person is now taken the position as Treasurer for the rest of this calendar year, which is 5 more months.

Also, our Bylaws do not state anything about "interim" positions, but do state vacancies can be filled in the Board.  But the vacancies must be subjected to the Bylaws.

I need your opinions.

Thank You

 

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If the bylaws do not authorize the existence of interim positions, your board cannot create them.  There might be other ways around filling the vacancy, but it would be better to just fill it - with a qualified person.  The board cannot arbitrarily fill the vacancy but decide the person placed there can be unqualified and not be given the rights and privileges of the position.

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15 hours ago, Guest Leo said:

The Board just filled the vacancy of the Treasurer.  The person they voted in is to be an interim Treasurer.  The interim they say is not a member of the Board and will not have the same

privileges of a regular Board member.  This person had been on the Board with the same position for 4 years and ended tenure last Calendar year.  Our Bylaws state that "No member can be on the Board for more than 4 consecutively years as an officer or member of the board in any capacity".  This person is now taken the position as Treasurer for the rest of this calendar year, which is 5 more months.

Also, our Bylaws do not state anything about "interim" positions, but do state vacancies can be filled in the Board.  But the vacancies must be subjected to the Bylaws.

I need your opinions.

Thank You

 

In my opinion, your first sentence is an incorrect statement of fact.

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On 7/13/2017 at 0:46 PM, Guest Leo said:

The Board just filled the vacancy of the Treasurer.  

The person they voted in is to be an interim Treasurer.  

The interim they say is not a member of the Board and will not have the same privileges of a regular Board member.  

This person had been on the Board with the same position for 4 years and ended tenure last Calendar year.  

Our Bylaws state that "No member can be on the Board for more than 4 consecutively years as an officer or member of the board in any capacity".  

This person is now taken the position as Treasurer for the rest of this calendar year, which is 5 more months.

Also, our Bylaws do not state anything about "interim" positions, but do state vacancies can be filled in the Board.  

But the vacancies must be subjected to the Bylaws.

 

There is nothing wrong with interim positions.

Look at it this way.

When an officer dies, the organization does not lose the ability to function.

Thus, if a secretary dies, the organization does not lose the ability to create minutes (or, to stuff envelopes, or to type correspondence, etc.)

Thus, if a sergeant-at-arms dies, the organization does not lose the ability to station guards at the door.

Thus, if a treasurer dies, the organization does not lose the ability to deposit checks and to pay monthly bills.

Thus, if the president dies, the organization does not lose the ability to preside over meetings (nor lose the ability to rule on points of order, etc.).

***

Until the vacancy of the dead officer is filled with a qualified person, then someone must be appointed to take on the duties of the dead officer, but with no perqs of office. -- Because the "pinch-hitter" or "temporary worker bee" is (a.) NOT IN OFFICE, and (b.) NOT SITTING ON THE BOARD, and (c.) IS NOT COMPLETING ANY TERM-OF-OFFICE.

The board (or the party responsible) must still, sooner or later, fill the vacancy with a person who is qualified to hold that office.

But until that happens, the organization may function. It just has to delegate. No big deal.

 

 

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