Resigning President and new appointment- TIME SENSITIVE!

[bandbooster]

Elections were held in April, and officers were named. The officers are to be installed this evening, but our president (elect) had a change in work hours that will no longer allow him to serve office. According to our by-laws:

"Section VI. Vacancies in the office due to death, resignation, or other causes creating an unexpired term in the office President shall be filled by the Vice President. Vacancies in office for other officers shall be filled by a voted majority of the members attending a

regular or special meeting."

The question comes: At the original vote, there were only two people accepting a nomination for Vice President. The VP that won will fill the President position. Can we go ahead and fill the newly vacant VP position with the other person who accepted a nomination, and thereby would have the remaining majority of votes at that April meeting OR do we have to have a second meeting to hold another vote.

Anything not covered in our by-lays is stated to follow Roberts Rules.

Thanks for your help. If you can include where you find the information, we would appreciate it. We want to make every effort to have transparency in following correct procedure.

[David A Foulkes]

OR do we have to have a second meeting to hold another vote.

This one. Follow your bylaws if you want to " have transparency in following correct procedure."

If you can include where you find the information, we would appreciate it.

I found it in your bylaws.

[bandbooster]

So at tonight's installation, we should open the floors for nominations, correct?

We usually have a period of time through which we accept nominations (one week) although not written in the by-laws- just as common courtesy to all members. We can accept nominations for the normal time period, and then call a second, "Special" meeting for the vote and installation? Our by-laws allow for calling of special meetings.

Our by-laws say nothing about the timing of installation in this case. All regular installations are to happen in May. Our next scheduled meeting is August, but we would like to settle the matter before the end of the school year. Our current director is moving, and we'd like the new director to have a full executive board to help the transition for our students.

[Josh Martin]

So at tonight's installation, we should open the floors for nominations, correct?

Sure.

We usually have a period of time through which we accept nominations (one week) although not written in the by-laws- just as common courtesy to all members. We can accept nominations for the normal time period, and then call a second, "Special" meeting for the vote and installation? Our by-laws allow for calling of special meetings.

That works just fine, provided you follow the rules in your Bylaws for proper notice of special meetings.

Our by-laws say nothing about the timing of installation in this case. All regular installations are to happen in May.

Do it whenever you want. An installation is purely ceremonial and has no effect on when the individual takes office.

[Kim Goldsworthy]

Elections were held in April, and officers were named. The officers are to be installed this evening, but our president (elect) had a change in work hours that will no longer allow him to serve office. According to our by-laws:

"Section VI. Vacancies in the office due to death, resignation, or other causes creating an unexpired term in the office President shall be filled by the Vice President. Vacancies in office for other officers shall be filled by a voted majority of the members attending a

regular or special meeting."

The question comes: At the original vote, there were only two people accepting a nomination for Vice President. The VP that won will fill the President position. Can we go ahead and fill the newly vacant VP position with the other person who accepted a nomination, and thereby would have the remaining majority of votes at that April meeting OR do we have to have a second meeting to hold another vote.

I had to laugh.

The wording of your rule is ambiguous.

Any vacancy rule which uses the preposition "by" will risk being interpreted two ways:

(a.) "by" like in "through the authority of".

(b.) "by" like in "as the new successor".

Analogy:

If there is an empty glass, it shall be filled

by

:

(a.)

any cool liquid comprised mostly of water;

(b.)

any waiter or waitress.

What is the difference between two rules which are identical except for the noun in the prepositional phrase?

"A vacancy in the office of president shall be filled

by

:

(a.)

the delegates.

(b.)

the board.

(c.)

the vice president.

(d.)

the runner-up of the last election.