President Resignation

[sanjacdrt]

The President of our organization recently resigned, in the middle of the term. (two years)

We have five Vice Presidents, 1, 2, 3 4, and 5

1. Our by-laws state that

. . . The Vice Presidents shall assist the president when requested and in the absence or inability of the president

shall preside in their numberical order.

2. There is also another by-law that states,

. . . The executive board shall elect by 2/3 majority a qualified chapter member to fill an officer vacancy.

At this point we are interpreting By-law No. 1 as a temporary type situation that establishes a "chain of command" to cover an absence or inability. Now that there is a vacancy . .

Are we correct that with the resignation of the President, this creates a vacancy and therefore it is proper to elect a President as per By-law No. 2?

Any assistance that you can provide will be appreciated.

[Trina]

'If the bylaws are silent as to the method of filling a vacancy in the specific case of the presidency, the vice-president or first vice-president automatically becomes president for the remainder of the term, and the vacancy to be filled arises in the vice-presidency or lowest-ranking vice-presidency; if another method of filling a vacancy in the presidency is desired, it must be prescribed and specified as applying to the office of the president in particular.' (RONR 11th ed. p. 575 ll. 9-17)

That seems pretty clear.

I don't think the first bylaw you quote has anything to do with the current situation, and the second bylaw does not say anything specific about a vacancy in the presidency.

[Guest Edgar]

Are we correct that with the resignation of the President, this creates a vacancy and therefore it is proper to elect a President as per By-law No. 2?

I'd say there is no vacancy in the office of president (and never was) as the first vice-president became president the moment the president's resignation was formally accepted. You now have a vacancy in the office of fifth vice-president.