Guest Melanie Posted February 12, 2011 at 04:39 AM Report Share Posted February 12, 2011 at 04:39 AM Our organization has a unique situation.The President resigned unexpectantly and the Vice-President declined to assume the position of President. There is a Second-Vice-President, but the President along with some of the members of the board decided to appoint another board member as President for the remainder of the term. Now it is election time. How does this work? Is the Board suppose to assume postions like they normally would have as if the President had not resigned or take nominations. Normally, the 1st vice-President assumes the office of President, but the 1st vice doesn't want it. Is an election suppose to take place or is the regular order of "moving up" comes back into play? The by laws have no rule for this. Who assumes the office of President? Link to comment Share on other sites More sharing options...
Josh Martin Posted February 12, 2011 at 05:17 AM Report Share Posted February 12, 2011 at 05:17 AM The President resigned unexpectantly and the Vice-President declined to assume the position of President.The Vice-President can't decline. The moment the President's resignation is accepted, the Vice-President automatically becomes President. He can resign from President if he wants, and then the Second Vice-President would become President. The only way other vacancy-filling procedures kick in is if you run out of Vice-Presidents.There is a Second-Vice-President, but the President along with some of the members of the board decided to appoint another board member as President for the remainder of the term.The appointment is null and void.Now it is election time. How does this work? Is the Board suppose to assume postions like they normally would have as if the President had not resigned or take nominations. Normally, the 1st vice-President assumes the office of President, but the 1st vice doesn't want it. Is an election suppose to take place or is the regular order of "moving up" comes back into play? The by laws have no rule for this. Who assumes the office of President?First of all, your Vice-President is your current President and your Second Vice-President is your Vice-President, the position of Second Vice-President is vacant, and this guy you've been calling President is still just a board member. Furthermore, as far as RONR is concerned, no one "automatically" assumes any offices, even if things weren't all messed up. You have elections. If your Bylaws have customized rules on this matter, it's up to your organization to interpret them. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. Link to comment Share on other sites More sharing options...
Guest Melanie Posted February 13, 2011 at 09:14 PM Report Share Posted February 13, 2011 at 09:14 PM The Vice-President can't decline. The moment the President's resignation is accepted, the Vice-President automatically becomes President. He can resign from President if he wants, and then the Second Vice-President would become President. The only way other vacancy-filling procedures kick in is if you run out of Vice-Presidents.The appointment is null and void.First of all, your Vice-President is your current President and your Second Vice-President is your Vice-President, the position of Second Vice-President is vacant, and this guy you've been calling President is still just a board member. Furthermore, as far as RONR is concerned, no one "automatically" assumes any offices, even if things weren't all messed up. You have elections. If your Bylaws have customized rules on this matter, it's up to your organization to interpret them. See RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. Link to comment Share on other sites More sharing options...
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