Guest ELECTIONS / INCOMPLETE Posted April 8, 2011 at 09:06 PM Report Share Posted April 8, 2011 at 09:06 PM our VP stepped down after elections. Our new board, without consent, installed the loser in the election to fill the VP position. Shouldnt a new election have taken place.ByLaws state whenenver there is a vacancy to fill, a new election.....They interpreted it that there was NO vacancy since technically the past VP still holds that position until the installationAccording to RR, this is an incomplete election. Shouldnt a new election have taken place? Link to comment Share on other sites More sharing options...
hmtcastle Posted April 8, 2011 at 09:27 PM Report Share Posted April 8, 2011 at 09:27 PM According to RR, this is an incomplete election.Nope. The election is complete once the winner accepted the office. You may not have a vacancy now but you will when the term of office begins (Installation Day?).So, assuming your board has the authority to fill the vacancy, their action was just premature (or foresighted), not improper.But perhaps your board has no such authority? Link to comment Share on other sites More sharing options...
Gary Novosielski Posted April 9, 2011 at 12:18 AM Report Share Posted April 9, 2011 at 12:18 AM our VP stepped down after elections. Our new board, without consent, installed the loser in the election to fill the VP position. Shouldnt a new election have taken place.ByLaws state whenenver there is a vacancy to fill, a new election.....[is held?]They interpreted it that there was NO vacancy since technically the past VP still holds that position until the installationAccording to RR, this is an incomplete election. Shouldn't a new election have taken place?If there is no vacancy then nobody can or needs to do anything to fill it.If there is a vacancy a new election takes place, according to your post.Then either a new election is held, or nothing is done, since there either is a vacancy or there is not. Is there anything that gives the board the power to appoint under any circumstances? They definitely do not have the power to rewrite the results of the election. Once the new VP knew of his election and did not immediately decline, the election was complete. If he immediately declined then the election is incomplete and vacancy filling powers are not invoked. If he did initially accept the position at the time of the election, then whether he's been installed or not yet, he already has the duty to be the next VP, and if he wishes to be excused, he has to resign. Was that done? To whom did he submit the resignation? What body, if any, accepted it? If the board has the power to appoint, and if a vacancy exists, then they can do so, but you haven't given us any indication that either of those things is true. Link to comment Share on other sites More sharing options...
David A Foulkes Posted April 9, 2011 at 12:24 AM Report Share Posted April 9, 2011 at 12:24 AM And as was so succinctly phrased recently on a similar topic, "a loser is never a winner." Link to comment Share on other sites More sharing options...
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