When an elected steps down before their term is up...

[Rez90]

Does the president have the right to appoint a new person to fill this position? or does a vote have to be taken to decide who steps in?

Thanks for any clarification.

[Guest Edgar]

Does the president have the right to appoint a new person to fill this position? or does a vote have to be taken to decide who steps in?

What do your bylaws say about filling mid-term vacancies? If they have nothing to say, you'd fill the position the same way you usually do (e.g. by election).

Your president has no "automatic" right to fill the vacancy.

[Guest Guest]

In the case that the by-laws are vague in this area, what prevails?

Under the description of President the by-laws clearly state that the President appoints officers and chairpersons subject to approval by the board.

Under Officer vacancies the by-laws state that the position should be filled by majority vote. There is no mention as to where the ballot originates in this section, only that the position should be filled by majority vote.

In this case, does the more specific rule apply meaning that the President first appoints and then the Board approves or rejects? Since the by-laws are not specific enough in the Vacancies section, it seems logical that governance should be applied where there is specific instruction, as in the description of the President that states it is the Presidents role to appoint officers.

[Guest Edgar]

In the case that the by-laws are vague in this area, what prevails?

The proper interpretation of bylaws requires reading them in their entirety, something that's beyond the scope of this forum.

RONR contains some "principles of interpretation" which may be helpful but, in the final analysis, the bylaws mean what the membership says they mean.