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bob 82

Board of Trustees

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Our American Legion is headed by an Elected Commander and by and Executive Board. We also have a Board of Trustees that are responsible for the Real Estate. Six Members are elected as Trustees to 6 year terms and the Commander by virtue of his position is also the 7th member of the Trustee Board. Question, Does the Commander have a full vote?  Several years ago this same question came up and this Forum stated that Commander does have a full vote as opposed to a tie breaking vote.

       We had in the past a case, where a Trustee serving a 6 year term was elected as Commander and by rules had to vacate his trustee position. Another member "A", was elected to fulfill the remaining 3 year term. However the elected Commander only served one year as Commander and then went back to his old trustee position for the remaining 2 years that were being served by the member "A". It is my understanding that once an Officer position is vacated, one cannot assume a previous office  without being duly elected by the membership.

     Another issue regarding trustee 6 year terms is that sometimes a position is vacated in the 2nd year of a 6 year term and by special election a member is elected to a 1 year term instead of the remaining 4 year term.  Then at the Annual Election the same Trustee's term is voted on as a new 6 year term, Shouldn't the elected trustee be allowed to fulfill the balance of the vacated 4 year term?

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2 minutes ago, bob 82 said:

Please respond in Layman's Terms

 

thanks

 

Bob

 

 

From FAQ #2   Without exception, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote.  Therefore, in layman's terms, yes.

Edited by George Mervosh

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The answer to your other two questions is also 'yes':

It is correct that once an office has been vacated, the former office-holder can only regain that office by election, or possibly by appointment to fill a subsequent vacancy in that office if that is how your rules address the filling of vacancies.

It is also correct that when an election is held to fill a vacancy in office, the office is filled for the duration of the original office-holders term. In the case you cited, the vacancy should be filled for the 4 years remaining from the original term.

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