Filling Vacancies with Alternate

[Caryn Ann Harlos]

Hello, I am chairing the Platform Committee for a political organization which allows for appointment by state of members and ranked alternates.  The pertinent Bylaws are as follows:

 

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ARTICLE 11: OTHER COMMITTEES 

 

1. There shall be a Platform Committee, a Bylaws and Rules Committee and a Credentials Committee for each Regular Convention. The National Committee shall appoint a temporary chair of each committee to serve until each committee selects its own chair. 

 

2. The Bylaws and Rules Committee shall consist of ten Party members appointed by the National Committee no later than three months before a Regular Convention. No more than five of these members shall be members of the current National Committee. 

 

3. The Platform Committee shall consist of 20 members selected as follows: 

 

a. One member by each of the five affiliate parties having the greatest per capita sustaining membership as determined for Convention delegate allocations at the most recent Regular Convention. 

 

b. One member by each of the ten affiliate parties having the largest sustaining memberships, excluding those affiliates from (a), as determined for Convention delegate allocations at the most recent Regular Convention. 

 

c. Five members selected by the National Committee. 

 

d. These members shall be selected no later than the last day of the fifth month prior to the Regular Convention. 

 

4. The Credentials Committee, composed of ten members, shall be selected as follows. a. Five members chosen by the National Committee no later than six months before a Regular Convention. b. One member by each of the five affiliate parties having the largest sustaining memberships as determined for Convention delegate allocations at the most recent Regular Convention. These shall be selected by each of the affiliate parties no later than one month prior to the Regular Convention. 

 

5. Ranked alternates may be named by the appointing bodies to fill any vacancies or absences in the Convention Committees. 

 

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The situation is, let's just say CO, appointed its representative and its alternate.  The representative resigned prior to the appointment deadline and thus the alternate moved up into that spot.  Now - after the appointment deadline - CO wishes to appoint a new alternate.

 

The questions that arise:

 

Must all alternates be designated prior to the appointment deadline mentioned in 3d?  

 

Is the lack of an alternate a "vacancy" to be filed when an alternate is not part of the committee as defined in 3?  

 

If an alternate is not part of the committee in 3, does any of the above matter and can then alternates be appointed at any time?

 

 

[Richard Brown]

3 hours ago, Caryn Ann Harlos said:

The situation is, let's just say CO, appointed its representative and its alternate.  The representative resigned prior to the appointment deadline and thus the alternate moved up into that spot.  Now - after the appointment deadline - CO wishes to appoint a new alternate.

 

The questions that arise:

 

Must all alternates be designated prior to the appointment deadline mentioned in 3d?  

 

Is the lack of an alternate a "vacancy" to be filed when an alternate is not part of the committee as defined in 3?  

 

If an alternate is not part of the committee in 3, does any of the above matter and can then alternates be appointed at any time?

 

Leaving aside for a moment the question of alternates, RONR provides that normally the power to appoint includes the power to fill vacancies.  So, based on what you have told us, I believe that whatever state affiliate appointed the member who resigned may appoint a replacement. 

Also, when the bylaws say that something should (or must) be done by a certain date, such as an annual meeting or election of officers, there is no penalty for failing to comply (unless the bylaws provide otherwise), but the organization is expected to comply ASAP.  Otherwise, an organization that is late holding its annual  meeting could not hold one and could not elect new officers.  So, if you miss a deadline, you just get on with doing it asap.

As to alternates, do your bylaws provide that in the event of a vacancy the alternate BECOMES the regular member, much like a VP becomes President automatically in the event of a vacancy?  Or do the bylaws provide that the alternate merely serves in the absence of the regular member?   I don't think the alternate automatically moves up to the status of regular full-fledged committee member in the event of a vacancy unless the bylaws so provide.  However, I believe that is ultimately a question of bylaws interpretation.

Edited to add:  I am assuming the bylaws provide for alternates on this committee.  If not, I question the validity of having them at all.

Edited April 19, 2018 at 06:13 PM by Richard Brown
Added last paragraph

[Caryn Ann Harlos]

==As to alternates, do your bylaws provide that in the event of a vacancy the alternate BECOMES the regular member, much like a VP becomes President automatically in the event of a vacancy?  Or do the bylaws provide that the alternate merely serves in the absence of the regular member?   I don't think the alternate automatically moves up to the status of regular full-fledged committee member in the event of a vacancy unless the bylaws so provide.  However, I believe that is ultimately a question of bylaws interpretation.==

It says absence or vacancy so the Bylaws provides for both.  If the regular member is permanently gone, the alternate - in ranked order - moves up.

 

However there is no absence or vacancy here since alternates are not required - but we grant alternates mailing list access and treat their votes as counting until the regular member replies so CO would be prejudiced if an alternate not allowed to be appointed.... and no one else is prejudiced if they are.

So with the RONR, Bylaws, and my fundamental sense of equity - it seems, no harm no foul - the appointment could be made.  I am going to think on it over the weekend but that is my present trajectory.

 

 

Edited April 19, 2018 at 06:16 PM by Caryn Ann Harlos