Trustee Terms

[Guest Bob Burrows]

This Legion has a Commander and an executive Board, plus 6 trustees with initial 6 year terms. The Commander being the 7th member by virtue of election. In the past if a trustee is elected as Commander,(Say with 3 years remaining on his term), He steps down as trustee. (Another Trustee is elected for the New Commanders vacancy for 1 year). On completion of his 1 year term as Commander, he resumes his place for the remaining 3 years of his Trustee term. Is this legal? It is my understanding that a person cannot succeed himself unless re-elected.

This practise has been followed for 20 years. Other Legion Posts do not follow the above scneario but upon election of the Commander a Trustee is elected to fill out the remaining term of the vacated trustee position

[Guest Edgar]

Is this legal?

If an officer "steps down" (i.e. resigns) one office in order to hold another, he can't simply "step up" back into that former office. His replacement should serve until the (six-year) term ends.

[Guest Bob]

If an officer "steps down" (i.e. resigns) one office in order to hold another, he can't simply "step up" back into that former office. His replacement should serve until the (six-year) term ends.

Thank you for your response.

If an officer "steps down" (i.e. resigns) one office in order to hold another, he can't simply "step up" back into that former office. His replacement should serve until the (six-year) term ends.

Another question arose yesterday from a member.. Is a Trustee considered an officer? Also can an officer serve in 2 positions at once? i.e Can a person serve on the executive board and be a Trustee at the same time?

[jstackpo]

Trustee = Officer? Yes, by the common meaning of "officer"

2 Positions? Sure, if there is no prohibition in the bylaws.

[Guest Edgar]

Is a Trustee considered an officer? Also can an officer serve in 2 positions at once? i.e Can a person serve on the executive board and be a Trustee at the same time?

Firstly, RONR (p. 572) states that, in the bylaws, "directors should be classed as officers". This suggests that, without such a designation, the answer is not obvious.

Secondly, RONR notes that the executive board may be known as the board of directors or the board of trustees. In the latter instance, one would serve on the board and be a trustee at the same time.

So my question is, does this organization have two boards? A board of trustees and an executive board? And, if so, is the executive board what RONR would call the executive committee (the "board within a board")?

[Shmuel Gerber]

Firstly, RONR (p. 572) states that, in the bylaws, "directors should be classed as officers". This suggests that, without such a designation, the answer is not obvious.

When bylaws are being drafted or amended, directors should be classed as officers. But as far as the rules in RONR are concerned, directors are officers (unless otherwise stated in the bylaws):

"An executive board commonly consists of those of the society’s officers (47) who also have duties apart from the board, together with a number of directors, managers, or trustees who may or may not have other duties such as the chairmanship of important standing committees

(50). (See sample bylaws, Art. IV, Sec. 1, and Art. VI, Sec. 1, pp. 585, 586.) The directors usually should be elected in the same way and at the same time as the other officers of the society." (RONR, 11th ed., p. 482, ll. 12-20)

Directors are also discussed on pages 461-463 among the other types of officers that a society may elect or appoint.

[Guest Guest]

The Executive board consists of a Commander and 3 Vice Commanders,Judge Advocate, Adjutant,Chaplain Historian,Finance Officer, 2 Executive Committeemen, Service Officer,Children and Youth Officer.Sgt at Arms and Assistant Sgt at Arms. Seperately there is the Board of Trustees whose function is for the physical operation and maintenance of the Real Estate building that is owned by the Legion. They make decisions on repairs and costs and physically perform the maintenance. All decisions by the trustees must be approved by the Executive Committee at the Committee meetings and by majority of the Members present at the General meeting. The Trustees meet at a seperate meeting. There are 6 board members elected. The Commander by virtue of his position is the 7th member/

[Guest Edgar]

The Executive board consists of a Commander and 3 Vice Commanders,Judge Advocate, Adjutant,Chaplain Historian,Finance Officer, 2 Executive Committeemen, Service Officer,Children and Youth Officer.Sgt at Arms and Assistant Sgt at Arms.

So is it the Executive Board or the Executive Committee? Or are there two bodies (three counting the Board of Trustees)?

[Guest Guest]

just 2 bodies. Executive board and the Trustees who are only in charge of the building and building assets, The trustees do not have a vote on the executive board. Decisions by the trustees relating to building expenses must be voted by the trustees and then voted on by the Executive Board and then by the general membership to be approved

[Josh Martin]

just 2 bodies. Executive board and the Trustees who are only in charge of the building and building assets, The trustees do not have a vote on the executive board. Decisions by the trustees relating to building expenses must be voted by the trustees and then voted on by the Executive Board and then by the general membership to be approved

If this is the case, it seems the Board of Trustees is really in the nature of a committee, and thus I would suggest they are not officers unless the society's rules so provide.

I don't believe this fact affects the answers to any of your other questions, however.