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incomplete term


Guest Kathleen Keenan-Takagi

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Guest Kathleen Keenan-Takagi

A board member, one of 21, resigned from the board. This spring, the board voted (as per by-laws) to have 21 seats. There are seven vacancies but the nominating committee is going to present only 6 names. The president is then going to appoint the VP to the unexpired term. The VP has completed two terms of three years each and is (per by-laws) not eligible to run again.

The by-laws do allow the president with the board approval to appoint someone to the board. My question: must the empty seat created by resignation by filled by election at the first possible normal election?

Thank you,

Kathy

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A board member, one of 21, resigned from the board. This spring, the board voted (as per by-laws) to have 21 seats. There are seven vacancies but the nominating committee is going to present only 6 names. The president is then going to appoint the VP to the unexpired term. The VP has completed two terms of three years each and is (per by-laws) not eligible to run again.

The by-laws do allow the president with the board approval to appoint someone to the board. My question: must the empty seat created by resignation by filled by election at the first possible normal election?

Thank you,

Kathy

The correct answer to your question seems to have a lot to do with what exactly the bylaws prescribe. I suggest you obtain the services of a parliamentarian in your area with whom you can sit down face-to-face with the relevant documents to find the correct answers to your question.

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A board member, one of 21, resigned from the board. This spring, the board voted (as per by-laws) to have 21 seats. There are seven vacancies but the nominating committee is going to present only 6 names. The president is then going to appoint the VP to the unexpired term. The VP has completed two terms of three years each and is (per by-laws) not eligible to run again.

The by-laws do allow the president with the board approval to appoint someone to the board. My question: must the empty seat created by resignation by filled by election at the first possible normal election?

Thank you,

Kathy

Just because the nominating committee is only nominating 6 of the 7 position, then this is acceptable according to RONR. The members are still free to nominate, and/or write-in anyone to the seventh position.

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My question: must the empty seat created by resignation by filled by election at the first possible normal election?

As Mr. Elsman indicated, it depends on what your bylaws say. It may be that the appointee serves out the remainder of the term (the more typical case) or it may be that he serves only until the next regular election at which time someone is elected (maybe even the appointee) to serve out the remainder of the term.

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question: must the empty seat created by resignation by filled by election at the first possible normal election?

Not if the rules in RONR apply. RONR says that appointments to fill unexpired terms last until the term actually expires.

But your bylaws may have some rule that supersedes RONR. It might say that appointees only serve until the next regular election, at which time someone must be elected to the unexpired term.

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