lesvsam Posted March 26, 2011 at 07:01 PM Report Share Posted March 26, 2011 at 07:01 PM Our "crappy" bylaws (as described by a fellow member of this forum) states that if the president resigns, the Vice President becomes Action President. How should the VP slot be filled since there is no stipulation in our bylaws? Can (1) the Acting President appoint, (2) can there be nominations/election from the board, or (3) must the membership nominate/elect the vacant position? Link to comment Share on other sites More sharing options...
Robert B Fish Posted March 26, 2011 at 07:10 PM Report Share Posted March 26, 2011 at 07:10 PM If there is a vacancy among your officers and the bylaws do not say otherwise, you must hold a special election to fill the vacancy for the unexpired term.(BTW, unless the bylaws specifically say otherwise, in the vacancy in the office of president (for any reason), the vice-president automatically becomes president. Since your bylaws DO say otherwise, follow them re:vacancy in teh office of president.)Your bylaw sshould be amended to remove the problem of what happens if the office of president becomes vacant for reason other than resignation (death, removal, etc.)-Bob Link to comment Share on other sites More sharing options...
David A Foulkes Posted March 27, 2011 at 01:50 AM Report Share Posted March 27, 2011 at 01:50 AM (BTW, unless the bylaws specifically say otherwise, in the vacancy in the office of president (for any reason), the vice-president automatically becomes president. Since your bylaws DO say otherwise, follow them re:vacancy in teh office of president.)I'm a little tossed up over this, since the bylaws don't seem to accurately handle the situation. That is, per the bylaws the VP does not become the President, but apparently becomes the "Acting President", a position which I'd think needs to be designated in the bylaws as well to be filled by the VP, with the requisite duties and authority. In reality, I'd opine that the VP is in fact now the President (not acting as one). Of course, a thorough reading of the bylaws would be required to know for sure, so......While amending the bylaws to cover Presidential vacancies for reasons other than resignation, they might also consider inserting a section on filling vacancies in any other offices, and perhaps even dump the whole Presidential vacancy bylaw completely and let RONR's default procedure rule. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted March 27, 2011 at 07:52 PM Report Share Posted March 27, 2011 at 07:52 PM While amending the bylaws to cover Presidential vacancies for reasons other than resignation, they might also consider inserting a section on filling vacancies in any other offices, and perhaps even dump the whole Presidential vacancy bylaw completely and let RONR's default procedure rule.Well, I'm currently president of an organization which, just this month, inserted, among other things, a provision into its bylaws making this succession non-automatic, and making the vice president "acting president" until a new (and possibly different) president is appointed, along with a companion provision which added the office of president to those which the Executive Council has the power to fill by appointment.Now, if it were up to me, I'd go with RONR's default, but the feelings of the bylaws review committee were strong, and their arguments persuasive enough to prevail throughout the full prescribed amendment process. Given these facts, I do not believe that there is any wiggle-room to "opine" that, should I fall victim to the proverbial chicken bone, the VP would "become" president without an explicit affirmative act of the EC to appoint her.(Which, in case she should read this--and even if not, is an act I would fully support.)Edited to repair not-hole. Link to comment Share on other sites More sharing options...
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