Serving after term until position filled

[Guest BH Ewert]

Potential scenario:

A committee in charge of a division is comprised of members serving terms. The committee is populated by the vote of the broader membership and then the slate is ratified by the Board. Certain committee members have reached their term limits so positions will be vacant. The Board delays in ratifying the new members leaving the committee positions vacant. Do the previous committee members continue to serve until the replacements are ratified or are the positions vacant?

The concern is a nefarious Board could "starve the committee" by not ratifying replacements.

Thanks,

BHE

[hmtcastle]

Do the previous committee members continue to serve until the replacements are ratified or are the positions vacant?

It depends on how the terms of office are defined. Do they, for example, say something like "one year or until their successors are elected"? or do they simply say "one year". If the former, you then have determine whether your term-limit rule supersedes your "until their successors are elected" rule. And that requires a thorough reading of your bylaws, something that's beyond the scope of this forum.

[Tim Wynn]

Potential scenario:

A committee in charge of a division is comprised of members serving terms. The committee is populated by the vote of the broader membership and then the slate is ratified by the Board. Certain committee members have reached their term limits so positions will be vacant. The Board delays in ratifying the new members leaving the committee positions vacant. Do the previous committee members continue to serve until the replacements are ratified or are the positions vacant?

The concern is a nefarious Board could "starve the committee" by not ratifying replacements.

Thanks,

BHE

See RONR(10th ed.), p. 473, l. 20-24.