Guest CTC-PA Posted April 5, 2011 at 05:52 PM Report Share Posted April 5, 2011 at 05:52 PM Our youth organization was started in fall, 2008. At that time, we agreed to stay in our positions for 3 years and then we would have elections. After our 1st season in 2009, several board members left. The vacancies were filled with volunteer parents. Per our by-laws, we are to have elections this year for a new board. The current recording secretary who volunteered for her position in 2010 feels that she still has 2 additional years in her position. This is how Article IV, Section 1 of our bylaws read regarding Officers"A president, vice president, girls athletic director, boys athletic director, recording secretary, corresponding secretary, treasurer and scholastic director shall constitute the official personnel of the Exertive Board of the (NAME OF OUR ORGANIZATION) and their terms of office shall be three years. All new officers will be elected and take office the following February. Section 3 states "Thirty (30) days notice is required should an officer decide to resign during the year allowing the Executive Board reasonable time to appoint a replacement for the vacated office. The recording secretary states our bylaws are very vague and therefore she is entitled to remain in office for 2 additional years. Please advise if this is correctThanks Link to comment Share on other sites More sharing options...
hmtcastle Posted April 5, 2011 at 05:54 PM Report Share Posted April 5, 2011 at 05:54 PM The recording secretary states our bylaws are very vague and therefore she is entitled to remain in office for 2 additional years. You'll have to interpret your own bylaws but typically a vacancy is filled only until the end of the original term of office. If, for example, you fill a vacancy with one year left in a three-year term, you serve for only that one year. The clock does not get re-set each time a vacancy is filled. If that were the case, the election cycle would end up being a mess. Link to comment Share on other sites More sharing options...
Robert B Fish Posted April 5, 2011 at 05:57 PM Report Share Posted April 5, 2011 at 05:57 PM What's wrong with re-electing her?-Bob Link to comment Share on other sites More sharing options...
Guest CTC-PA Posted April 5, 2011 at 06:19 PM Report Share Posted April 5, 2011 at 06:19 PM What's wrong with re-electing her?-BobIt is not an issue of electing her (we never had an official election before because we have only been around for 3 years).She feels that she can just remain in her position for an additional 2 years and I disagree with this - my position is she can run for her position again when we hold new elections at the end of this season, but she can not just stay in it for another 2 years (until year 2013) Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 6, 2011 at 03:40 AM Report Share Posted April 6, 2011 at 03:40 AM The recording secretary states our bylaws are very vague and therefore she is entitled to remain in office for 2 additional years. Please advise if this is correctNo, it's not correct. Well, I mean it might be correct that they are vague, but it's not correct that she therefore gets to do whatever she wants. It means the assembly has to decide what the bylaws mean. And vacancies filled by appointment are typically ONLY for the unexpired portion of the incomplete term. In cases where the terms are three years, all the terms, if originally elected at once, would all expire at once. Appointing someone to fill a term that is already half finished means they only get the second half.In some organizations the bylaws are even more strict, and mid-term appointments last only until the next Annual Meeting, forcing the appointee to stand for a possibly contested election even when an election would not normally be due that year. But even then, the election is only for the unexpired portion of the original term. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 6, 2011 at 03:47 AM Report Share Posted April 6, 2011 at 03:47 AM It is not an issue of electing her (we never had an official election before because we have only been around for 3 years).If you never had an election before, how did the original officers get their jobs? She feels that she can just remain in her position for an additional 2 years and I disagree with this - my position is she can run for her position again when we hold new elections at the end of this season, but she can not just stay in it for another 2 years (until year 2013)Ask her to show you the rule that says that. If your bylaws say that you elect a new board this year (which is what you said earlier) then that's what you do. She's free to run for election, but unless you have some very odd bylaws, she can't just stay put. If she's not doing a lousy job, why would she be afraid to run? Or is she? Link to comment Share on other sites More sharing options...
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