flipper92 Posted December 9, 2017 at 08:47 PM Report Share Posted December 9, 2017 at 08:47 PM Our association elects a new Vice President every year in late spring for a one year term. He/She then automatically elevates to the position of President the following year. The current VP is thinking of taking a job beginning Fall 2018 that would preclude his ongoing membership in the Association, which means he would also not be able to serve as President next year. Under our Bylaws, any vacancy in an elected position can be filled by President, with the approval of the Executive Board. There are no provisions for special elections, and we have never had a President who was not Vice-President the year before. Assuming the current VP accepts the new position: 1. If he does not resign before the end of this year, does the membership or President even have the power to replace him before his term ends? 2. If he does resign before spring elections, is it proper for the President to appoint a replacement, given that the new appointee would then become president? (the concern is having an unelected President who would have been VP for just a few weeks before elevating to President). 3. Alternately, can we hold a special election to fill the position of President for next Fall, and can we place any restrictions on who may run (e.g. "only past presidents" since they would not need the training that comes with being VP the previous year). Thanks! Paul Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 9, 2017 at 08:53 PM Report Share Posted December 9, 2017 at 08:53 PM 5 minutes ago, flipper92 said: Assuming the current VP accepts the new position: 1. If he does not resign before the end of this year, does the membership or President even have the power to replace him before his term ends? See FAQ #20. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 9, 2017 at 08:58 PM Report Share Posted December 9, 2017 at 08:58 PM 6 minutes ago, flipper92 said: 2. If he does resign before spring elections, is it proper for the President to appoint a replacement, given that the new appointee would then become president? (the concern is having an unelected President who would have been VP for just a few weeks before elevating to President). That is up to your organization to decide. Your organization could amend its bylaws so that it's not a possibility. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 9, 2017 at 09:01 PM Report Share Posted December 9, 2017 at 09:01 PM 12 minutes ago, flipper92 said: 3. Alternately, can we hold a special election to fill the position of President for next Fall, and can we place any restrictions on who may run (e.g. "only past presidents" since they would not need the training that comes with being VP the previous year). No, unless your bylaws are amended. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted December 9, 2017 at 10:14 PM Report Share Posted December 9, 2017 at 10:14 PM Is this automatic elevation in your bylaws, or is it a custom? (Roughly the same question: is the President elected?) What are the terms of office provisions in your bylaws? I think this information will make it possible to say more about your questions. Quote Link to comment Share on other sites More sharing options...
flipper92 Posted December 11, 2017 at 05:44 AM Author Report Share Posted December 11, 2017 at 05:44 AM Elevation is automatic. Each office has a term of 1 year. Many other positions have succeeded themselves after one year (treasurer, secretary, etc.), but NOT vice-president or president because of the elevation clause. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted December 11, 2017 at 06:16 AM Report Share Posted December 11, 2017 at 06:16 AM What is the exact language of the term of office provision? Quote Link to comment Share on other sites More sharing options...
flipper92 Posted December 14, 2017 at 04:43 AM Author Report Share Posted December 14, 2017 at 04:43 AM (edited) "The executive officers shall be elected at the end of the school year and shall serve in office for one year." "The Vice President shall be President-elect." Edited December 14, 2017 at 04:45 AM by flipper92 Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted December 14, 2017 at 05:05 AM Report Share Posted December 14, 2017 at 05:05 AM (edited) You don't, based on what you've posted, have the ability to force him out of office (except as a disciplinary measure). Since the Vice President is elected, and the President can fill vacancies in elected office (with the approval of the Executive Board, and I'm sure you know what that means, though I'm not sure I do), it seems to me that the President can fill a vacancy in the Vice President office. Of course, the bylaws contain a pretty obvious contradiction - all offices are elected, but somehow the President isn't - but the more specific provision prevails, presumably. Should you somehow wind up without a Vice-President when it's time for the VP to ascend, it seems to me you'd be stuck electing a President under the provision that the executive officers are elected, but that's just my opinion since this is a matter of bylaw interpretation. You don't get to set any special requirements for office not in the bylaws, though. Edited December 14, 2017 at 05:05 AM by Joshua Katz Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted December 14, 2017 at 11:41 AM Report Share Posted December 14, 2017 at 11:41 AM (edited) I agree with Mr. Katz, but would add that it is not that unusual for an organization to never directly elect its president but to instead elect a vice president / president-elect who automatically becomes present at the end of the president's term. I don't see that as a contradiction. Edited December 14, 2017 at 11:42 AM by Richard Brown Added last sentence Quote Link to comment Share on other sites More sharing options...
jstackpo Posted December 14, 2017 at 12:28 PM Report Share Posted December 14, 2017 at 12:28 PM No "contradiction", but it seems to me to be a bad idea: A "President-Elect" strikes me as a sort of trainee position, where the future president learns (by watching, &c. for a year or so) the ropes and how to be a president. A Vice-President is someone who is (in the ideal situation, anyway) ready to become the president on a moment's notice. No training involved. These two concepts don't fit together very well. The two offices probably should not be combined, but that is up to the association in question. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted December 14, 2017 at 01:39 PM Report Share Posted December 14, 2017 at 01:39 PM 1 hour ago, Richard Brown said: I agree with Mr. Katz, but would add that it is not that unusual for an organization to never directly elect its president but to instead elect a vice president / president-elect who automatically becomes present at the end of the president's term. I don't see that as a contradiction. That's not the contradiction. The contradiction (which is resolvable) is that it also says the officers are elected, without including any exception. The President is an officer, and is not elected. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted December 14, 2017 at 01:56 PM Report Share Posted December 14, 2017 at 01:56 PM (edited) 18 minutes ago, Joshua Katz said: That's not the contradiction. The contradiction (which is resolvable) is that it also says the officers are elected, without including any exception. The President is an officer, and is not elected. I understand your concern, but I think the clause in the bylaws that says, "The Vice President shall be President-elect" takes care of that issue. It's the only way to give that provision meaning. Having a president-elect is common enough that I think the term is understood well enough as to not need elaboration, although most bylaws I have seen with that provision do go into a bit more detail. Edited December 14, 2017 at 01:59 PM by Richard Brown Quote Link to comment Share on other sites More sharing options...
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