Fire Chief resignation

[Guest Jt9010]

I was not able to make our last board meeting which was voted on an past at previous meeting to be dedicated as bylaw review meeting in lieu of business meeting unless an urgent matter needed to be attended too. Know with this our fire chief had resigned his position and the board members present excepted the resignation and appointed the assistant chief (3rd in charge) not the deputy chief (2nd in charge & also a board member). The board members also turned around and then appointed the chief that just resigned as assistant chief after he stated he did not have the time to do the job as chief????

The question at hand is can the board legally appoint a chief or in my opinion should hold a special election.

Some back ground all 3 chiefs are elected positions by the general membership one each year for a 3 year term. Our bylaws state the chief will appoint all lower line officers (capt. lieut., etc) The bylaws only state the board will have final approval of elected chiefs. The chiefs position is up for election in December.

any and all help would be greatly appreciated 

Jim

[Guest Who's Coming to Dinner]

Your bylaws do not provide for filling vacancies or automatic succession? In that case, the board may fill the vacancy if they have, according to your bylaws, full power and authority to run the organization between meetings of the general membership.

[Guest jt9010]

The bylaws do provide for automatic succession but they also state the chief will conduct the day to day operations very vague

[Richard Brown]

I think your answer will be found in your bylaws. Read them through fully and carefully looking for applicable provisions re succession , filling vacancies , powers of the board, etc

[Kim Goldsworthy]

3 hours ago, Guest Jt9010 said:

• can the board legally appoint a chief?

or, in my opinion

• should hold a special election?

Typically, there are two arrangements which are most seen.

• If the board is empowered to handle resignations, then the board will probably be empowered to fill vacancies.

• If the board is not empowered to handle resignation, then the board will probably lack the power to fill vacancies.

But your constitution & bylaws, in its delegation of duties, ought to say which of the above typical arrangements is YOUR arrangement.

Theoretically, the arrangement might be a mix:

(a.) board can accept resignations; but

(b.) board orders a special election via the general membership.

So, you have 2 elements to look for in your documents of governance:

(1.) handling resignations,

(2.) filling vacancies.

[Guest Who's Coming to Dinner]

4 hours ago, Guest jt9010 said:

The bylaws do provide for automatic succession but they also state the chief will conduct the day to day operations very vague

Do they say the deputy chief becomes chief when the latter office is vacated? If they do, then the board has no business appointing someone else.

[Guest jt9010]

Again its very vague

it states BOD shall have general management & control of the business, property  & affairs of this corporation 

the BOD shall final approval after election of chiefs by the general membership

nothing in bylaws for filling vacancies of chiefs only directors

but SOP's state the deputy chief shall serve as acting chief in the event that the chief is incapacited, resigns, or otherwise is not able to carry out the duties of the position of chief, or is instructed by the chief

the same for assistant chief but in the event both chief and deputy chief

[SaintCad]

It seems you answered all of your questions right there.

Chief resigns => Deputy Chief acts as Chief until new Chief is approved.

Members elect a new chief => Goes to BOD for approval.

If BOD does not approve, members elect chief again =>  If BOD does not approve, later rinse repeat until an elected chief is approved, all the while the Acting Chief remains in place until new Chief is approved.