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  1. Our organization follows the structure of President, President-Elect, and Immediate-Past President. Terms are for two-years with the membership electing the President-Elect on even-numbered years (last elected on 2020). Unfortunately, we had a President resign 7 months into their term. The President-elect immediately assumed their role and is currently serving the remainder of their unexpired term which is until 2022. The President-Elect seat is currently vacant but our bylaws permits us to fill the seat at our next annual business meeting held in August. The discussion now is, which appears
  2. Assembly A (a student assembly) has the power to elect a certain number of representatives to assembly B (an assembly of assemblies at a university) with fixed terms. This position entails being a member of both assemblies A and B, each of which adopts Robert's Rules as their parliamentary authorities. While the bylaws of assembly A state that the position is elected by assembly A, it is silent on the method of filling vacancies. One of the representatives to assembly B has resigned, and the President of Assembly A must decide how to fill the vacancy for the remainder of the term. Should
  3. Our 501c3's new (first) Bylaws state that a mid year vacancy in the Executive Committee (made up of four officers) "shall be filled by the Executive Committee with the approval of the school's administration". The current three officers elected a fourth officer, with a 2-1 vote. However, the school administration (principal) is now requiring that the office be filled by a unanimous vote, and will accept/approve the same, or any other candidate, as long as the current three officers all vote in favor of the candidate. Can administrative approval impose a requirement that does not align with vot
  4. One of our directors served for a two year term and at the end of it agreed to finish the term of another director who resigned. The nominating committee has asked if she is eligible to serve another term as director. Terms are two years and are staggered with one director elected in even years and two in odd numbered years. Our bylaws state: "No person shall hold more than one office at a time and no officer shall be eligible for three consecutive terms in the same office." (emphasis added) A's initial term as director began at the election meeting in 2017. When A's term ended i
  5. Our condominium board has 7 members, one has recently resigned. An initial vote for the replacement ended in a tie, 3-3, with the President voting. Out bylaws state (verbatim): "If the office of any director or directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining directors though less than a quorum, at a special meeting of directors duly called for this purpose, shall choose a successor or successors, who shall hold office for the unexpired term in respect to which such vacancy occurred." With
  6. I am in an organization which had an elected officer resign. Our Bylaws state that "All officers are elected by ballot, except the Parliamentarian who shall be appointed by the President." Our outgoing President accepted the resignations of two elected officers and appointed their replacements before she left office. A couple of the members raised a point of order as this is a violation of our documents. The President responded that since our organization documents say that "The Election of officers shall be held at the November meeting of each year. The following offices shall be filled
  7. Guest

    President resigns

    Our President resigned and as stated in the bylaws a single vacancy "may be filled" by a vote of the remaining executive board (6 of 7 elected positions). A majority voted to allow the Vice President to be both acting President and Vice President. There is no provision for a member of the executive board to hold two positions. Our group is governed by bylaws first and then by Robert's Rules of Order. Can the Vice President fill both positions? Or does the Vice President give up that position when promoted to President, thus creating a vacancy?
  8. Hello, I am a member and officer of my local Sons of the American Revolution Chapter. We had our President resign, thus creating a vacancy. Our By-Laws provided that the First Vice President would ascend to the Presidency, the 2nd VP would move to 1st VP etc. We had no problems with that taking place but we have some contention with the position of Immediate Past President. We have 7 VOTING elected positions; President, 1st VP, 2nd VP, Secretary, Treasurer, Registrar and Member-At-Large. The Immediate Past President is a de facto voting member. It is my contention that since the
  9. Our organization just elected a VP who was to assume office on July 1. She has been arrested. If she remains in her employment she is still eligible to be a member and to serve as VP. Our bylaws have a fixed term of 2 years OR until a successor is elected. If the newly elected, but not yet seated VP resigns before July 1 is that considered a vacancy even when there is a different incumbent in the VP position currently? Our bylaws provide for the Board of Directors to appoint an officer to fill the unexpired term if there is a vacancy. If she doesn't resign may the organization h
  10. The Board of our organization always includes the immediate Past President, whose job (per the Bylaws) is to advise the President, as needed. Our immediate Past President is choosing to resign now even though she has one year and 3 months left in her term. (There is bad blood between her and the current President.) The Bylaws are scant and do not specify what to do in case of a Board vacancy. Nor do the Bylaws give a lot of power to the Board. It states that the President has the power to run the meetings, as he/she sees fit, make appointments, etc. The immediate Past President
  11. Need a bit a clarification on the filling vacancy to our Executive Board in our Condo Association. Our Board consist of 3 Board Members. And the officers of our association consist of President, Vice-President, Secretary, and Treasurer. The Board may choose to have an Assistant Secretary, and Assistant Treasurer. President and Vice-President must be Board members, and the others, do not. All officers are elected by the 3 board members. This year our President sold condo unit, as per our by-laws and condo declarations as the time of the sale, both the board and president position became v
  12. Hello, The club I belong to currently has no nominee for the office of President. My interpretation of RONR is that the nominating committee has until the presentation of the slate of candidates at our April meeting to find someone (defined in our constitution/bylaws). If no one is found, nor anyone volunteers, the slot is left open. My next interpretation is that if someone is found/volunteers by the time of the elections at our business meeting in May (again defined in our constitution/bylaws), the person could stand as a write-in candidate. My question: if we have no one by the May
  13. We have a nine member municipal board. There are currently two vacancies to the Board from members resigning. What constitutes a quorum if the Board meets?
  14. Guest

    alternate members

    We have a six member elected municipal board. There are also three alternate members who are appointed. One of the elected members of the board resigns. If a member of the board is simply absent, then the remaining members of the board vote to appoint an alternate to sit in such absent member's place for the meeting. The question is, with the vacancy position, can the remaining board members vote to appoint an alternate to serve for a meeting. They are not voting this member to permanently fill the vacancy, just appointing the alternate to fill the vacancy for the specific meeting.
  15. If the bylaws state that the officers "shall" fill a vacancy, is there a timeline in which they should do so?
  16. Assume the following: 1. All vacancies in the organization are filled by the BOD. 2. Certain members of the BOD have fixed terms that end on a certain calendar day with no carryover if no one is elected to replace them. There is no language regarding "or until a successor is elected." 3. These certain board members are elected by the membership by a balloting procedure that does not occur during a meeting. Interested candidates must submit an application by a certain date. If no one submits an application for these seats, the bylaws say that no election is held and the position will be filled
  17. This is related to John Stackpole's recent query about when an elected position is considered 'vacant'. I am making this a new post because even though similar issues are involved, I have a different set of facts and don't want to complicate that other discussion. FACTS: The organization has fixed terms of office -- September 1-August 31 -- so RONR's 'and'/'or' provisions do not apply. The bylaws state that elections are to be held at a special meeting to be called by the Board of Directors between June 1-July 31. Elections were held on June 2 for the coming term. The bylaws provide for
  18. Is there a difference in the process of filling a vacancy on the Executive Committee by interim appointment and by an election? The bylaws state "Should the President-elect …vacate his/her office before the term is completed, the Executive Committee will fill the position by interim appointment." There are no other directions in the bylaws for filling this vacancy on the Executive Committee. In this case, the President said that the meeting was open for discussion as to whom the Executive Committee wanted to appoint to fill the vacancy. Instead of discussion, one member nominated one individ
  19. Background: The organization is a political party with a Central Committee (main body) and an Executive Committee (authority between Central Committee meetings). Over the past week, three (Chairperson, Vice Chairperson, and Secretary) of the four officers of the organization have resigned. The Chairperson resigned after an Executive Committee meeting and the resignation was accepted at an already-called Central Committee meeting a few days later. At that meeting, the Vice Chairperson resigned and the resignation was accepted at that meeting. A few days later the Secretary resigned via an e-
  20. Guest

    Board member resigns

    I am the secretary/Treasurer of a 570 member social club, we have a board member that has resigned and the President is under the assumption that he can appoint anyone he wants to the position. I am of the position that there has to be a provision in the by-laws for him to be able to do that. The by-laws do not have a provision for vacancy. Who is right? The position is not due for election until October of 2014, so there is a more than a year left on the position. The president said that if he can’t fill it than he would leave it vacant until the election. What is the proper procedure for t
  21. Our committee has an Executive Committee consisting of 6 members: a Chairman, 1st, 2nd and 3rd Vice-chairs, a secretary and a treasurer. The VC1 resigned from the executive committee and the committee in general. The VC1 vacancy was announced at the next regular committee meeting and an election held the following meeting. The holder of the VC3 position ran for the vacant VC1 office and was elected. For the past 3 months the newly elected VC1 claims to retain the VC3 position; holding the two elected position simultaneously. Our By Laws establish the 6 elected (executive committee) positions
  22. If the bylaws state that "The executive board shall fill vacancies in office," under what circumstances, if any, does an incomplete election become a vacancy that the board can fill? This question arose from the last few posts in this thread. I would certainly agree with Mr. Gerber that if filling the vacancy "clearly interferes with the expressed wishes of the assembly," then the board does not have the authority to fill the vacancy. So if an assembly follows RONR's advice and postpones an incomplete election to an adjourned meeting, this won't become a problem. As we know from q
  23. We had elections for our group and did not have anyone on the slate for Vice President Membership. No one ran off the floor, thus the position was left vacant. The person holding the position had specifically stated that they did not want to run again and had already served for 2 years which in our bylaws is term. Our president appointed a Vice President of Membership. Now we are being informed that this cannot take place. The person is claiming that the previous VP Membership is still on the board and the only way to remove the person is to ask for their resignation. Is this true? Can't the
  24. If elections have already occurred, and a vacancy occurs on the Nominating committee who appoints that member to fill it. The organization bylaws state that the president appoints all officer and committee vacancies. However, isnt the President suppose to be impartial and have no involvement with the nominating committee?
  25. An organization has a proper "or until..." clause in its bylaws in the specification of the terms of office. The org, for whatever reason, fails to elect a (new) president at the regular election meeting. The current president agrees to continue in office. After a while (weeks, months?), the president gets tired of this and resigns. When his resignation is accepted does this create... 1) A vacancy in office into which the VP automatically moves? or 2) A requirement to try again to elect a president, as the non-occupancy (I don't want to use the word "vacancy" here) of the preside
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