Guest CMBond Posted August 15, 2012 at 04:18 PM Report Share Posted August 15, 2012 at 04:18 PM Our community band has undergone director change in the last few months that have been somewhat contentious. The "Associate Director" who was elected in Jan 12 for a two year period was just elected to become Director, leaving the "AD" position open. The bylaws state "On a bi-annual basis, the band membership shall select an Associate Director. Dues paying members shall be notified in January of the appropriate year that auditions will be held for the position of AD. The bylaws are silent on the issue of an AD vacancy.We have two divergent opinions on this: 1--since the bylaws call for bi-annual & 2012 was the year of the election, the position can remain vacant until the next bi-annual year of 2014. And 2--the bi-annual year defaults to 2013 due to the vacancy.To eliminate any further contentiousness in the ranks, which of the two opinions fits the bylaw the best if at all. And if neither of them fits, can we as a Board vote to temporarily suspend that particular bylaw until 2014, or at all? Link to comment Share on other sites More sharing options...
Sean Hunt Posted August 15, 2012 at 05:29 PM Report Share Posted August 15, 2012 at 05:29 PM Our community band has undergone director change in the last few months that have been somewhat contentious. The "Associate Director" who was elected in Jan 12 for a two year period was just elected to become Director, leaving the "AD" position open. Is there a rule that states that an individual cannot be both the Director and Associate Director, or has the Associate Director resigned from that position? If not, then he still holds both positions.The bylaws state "On a bi-annual basis, the band membership shall select an Associate Director. Dues paying members shall be notified in January of the appropriate year that auditions will be held for the position of AD. The bylaws are silent on the issue of an AD vacancy.We have two divergent opinions on this: 1--since the bylaws call for bi-annual & 2012 was the year of the election, the position can remain vacant until the next bi-annual year of 2014. And 2--the bi-annual year defaults to 2013 due to the vacancy.The term of the office is unchanged by the introduction of a vacancy. If the original term was to 2014, then the term of the office is still to 2014. However, if the bylaws are silent on the filling of vacancies, they can still be filled by the same procedure as electing an Associate Director in the first place.* The elected replacement will serve to the end of the original term.* Additionally, if the bylaws give full power of the society to an executive board (or some similar body) in between meetings of the society's assembly, then the board can fill the vacancies.To eliminate any further contentiousness in the ranks, which of the two opinions fits the bylaw the best if at all. And if neither of them fits, can we as a Board vote to temporarily suspend that particular bylaw until 2014, or at all?The bylaw can't be suspended unless it provides for its own suspension; it would have to be amended. Link to comment Share on other sites More sharing options...
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