removal of chief

[Guest Guest]

If a chief is elected by the membership and then the membership asks for a "vote of no confidence" a few months later and it passes and the chief has been removed by the board of directors and there is nothing in the bylaws about how to replace a chief mid term, would the board of directors appoint the position for the remainder of the term?

[Gary c Tesser]

As a first stab: probably not.

But stay tuned.

[Josh Martin]

If a chief is elected by the membership and then the membership asks for a "vote of no confidence" a few months later and it passes and the chief has been removed by the board of directors and there is nothing in the bylaws about how to replace a chief mid term, would the board of directors appoint the position for the remainder of the term?

Well, let's slow down a bit. A "vote of no confidence" doesn't remove anyone from office unless your Bylaws so provide. By default, the motion is simply an expression of the assembly's opinion and carries no real weight. So first, check to see if your Bylaws actually grant the board the authority to remove the chief by a "vote of no confidence."

Assuming the removal was proper, then it is possible the chief is the equivalent of what many organizations call a "president" or "chair," in which case the "vice chief" or whatever (if there is one) would fill the vacancy. If this is not a suitable analogy for the chief or if there is no "vice chief," then in the absence of any provision in the Bylaws, the vacancy is filled in the same manner the position was elected to begin with,