President stepping down. Bylaws say when position is vacant President appoints for the position

[Guest piper salvo]

I am the President of a Recreational Girls Lacrosse Program and I am being asked to resign by the Recreation Department in our town (which we fall under) becuse of a Conflict of Interest. Because the company I work for is a Lacrosse Training company and they train girls in our town. Our bylaws state that when there is a vacancy the President appoints the person for the position......what happens id the vacancy is the president. Also, we have no Vice President. Our board has nine members. Pres, Scheduler, Treasurer, Secretary, Education Coordinator, 7/8 grade Coordinator, 5/6 grade Coordinator, 3/4 grade Coordinator and Trustee. The Scheduler is seen like the VP but she does not want the job. The 3/4 Coordinator was going to take over for me next year. How do I handle this?

[Chris Harrison]

First of all, just because you are asked to resign you are not under any obligation (under RONR) to do so and the resignation isn't final until it is accepted by the body which is authorized to accept it. So absent some rule requiring you resign you can politely (or not) decline.

As for filling the vacancy in the office of President absent the bylaws covering the subject the default rule is that the VP would take over automatically but since you have no VP that would not apply. I would suggest that you read the bylaws carefully regarding the President's power to fill a vacancy by appointing the replacement because it might (and I repeat might) be a reasonable interpretation that absent some limitation on which vacancies can be filled by the President that you could appoint your own successor.

However, if you all take this tact you all would need to hold the position that a vacancy can be filled before one exists otherwise you would be in a catch-22 because if a vacancy can't be filled until it is created you wouldn't be able to fill it when you are still in office and after you were out of office you wouldn't have the authority to fill the vacancy anymore. It might be less complicated (and be a little less nebulous procedurally) to have the General Membership hold an election to fill the vacancy.

[David A Foulkes]

As for filling the vacancy in the office of President absent the bylaws covering the subject the default rule is that the VP would take over automatically but since you have no VP that would not apply. I would suggest that you read the bylaws carefully regarding the President's power to fill a vacancy by appointing the replacement because it might (and I repeat might) be a reasonable interpretation that absent some limitation on which vacancies can be filled by the President that you could appoint your own successor.

However, if you all take this tact you all would need to hold the position that a vacancy can be filled before one exists otherwise you would be in a catch-22 because if a vacancy can't be filled until it is created you wouldn't be able to fill it when you are still in office and after you were out of office you wouldn't have the authority to fill the vacancy anymore. It might be less complicated (and be a little less nebulous procedurally) to have the General Membership hold an election to fill the vacancy.

Page 575 (ll. 9-17) does seem to require a vacancy-filling provision in the bylaws specifically addressing the office of president if the ascension of the VP is not to take place (or can't, perhaps) per the RONR default. I'd tend to think some generic "In the case of a vacancy, the president shall apoint a replacement" bylaw isn't enough.

[Josh Martin]

However, if you all take this tact you all would need to hold the position that a vacancy can be filled before one exists otherwise you would be in a catch-22 because if a vacancy can't be filled until it is created you wouldn't be able to fill it when you are still in office and after you were out of office you wouldn't have the authority to fill the vacancy anymore. It might be less complicated (and be a little less nebulous procedurally) to have the General Membership hold an election to fill the vacancy.

I don't think it's quite as complicated as you imagine. The board could accept the resignation with the proviso that it be effective at a later time (say, the adjournment of the meeting). Thus, the vacancy is created (for a future time) and the President can fill it before leaving office. When the resignation takes effect, the new President would take office.

Page 575 (ll. 9-17) does seem to require a vacancy-filling provision in the bylaws specifically addressing the office of president if the ascension of the VP is not to take place (or can't, perhaps) per the RONR default. I'd tend to think some generic "In the case of a vacancy, the president shall apoint a replacement" bylaw isn't enough.

What is said in RONR, 11th ed., pg. 575, lines 9-17 does not apply to an organization which does not have a Vice President. The fact that the Scheduler is "seen like" the VP doesn't quite cut it for me.

[Guest lola]

When a new board is elected for a tenants association, does the previous president have to be present at the new boards private meeting ? Sorry that I'm a little of topic.

[Guest Guest]

When a new board is elected for a tenants association, does the previous president have to be present at the new boards private meeting ? Sorry that I'm a little of topic.

A little?????

[Trina]

When a new board is elected for a tenants association, does the previous president have to be present at the new boards private meeting ? Sorry that I'm a little of topic.

If the previous president is no longer a member of the board, he/she does not have to be present at board meetings. In fact, it goes well beyond that -- as a nonmember, the previous president has no right to attend board meetings.

I'm not sure what you mean by 'private meeting' -- as far as RONR is concerned, all meetings are private as far as nonmembers are concerned.

It would be better to ask a new question by starting a new topic/thread -- especially as your question is unrelated to the original topic of this thread.

[Josh Martin]

I'm not sure what you mean by 'private meeting'

It might be a nonstandard term for a meeting held in executive session.