Jump to content
The Official RONR Q & A Forums

Bylaws don't address


Guest gin

Recommended Posts

We are an 80 member social club. The board meets on a monthly basis except for Dec. and Jan. The Constitution and The Bylaws state that there are to be 12 board members. One week after the last meeting a board member resigned. While the bylaws spell out that if there is a vacancy on the board that the board is to nominate and vote on a replacment member to fill the slot, they are silent on when this is to happen. As Parlimentarian I told the president that it needed to be at the next meeting. That the Constitutuion and Bylaws say 12 members and there is 11. He did not want to place it on the agenda saying the agenda is a full one. So, for my future knowledge, was I right, was I wrong, is there a right or a wrong here? Thanks

Link to comment
Share on other sites

So, for my future knowledge, was I right, was I wrong, is there a right or a wrong here?

The vacancy should be filled as soon as possible (but note that your board can continue to function with only 11 members). Whether there are matters more urgent, I can't say.

For more on agendas, see FAQ #14.

Link to comment
Share on other sites

We are an 80 member social club. The board meets on a monthly basis except for Dec. and Jan. The Constitution and The Bylaws state that there are to be 12 board members. One week after the last meeting a board member resigned. While the bylaws spell out that if there is a vacancy on the board that the board is to nominate and vote on a replacment member to fill the slot, they are silent on when this is to happen. As Parlimentarian I told the president that it needed to be at the next meeting. That the Constitutuion and Bylaws say 12 members and there is 11. He did not want to place it on the agenda saying the agenda is a full one. So, for my future knowledge, was I right, was I wrong, is there a right or a wrong here? Thanks

Based solely upon what you have posted, it appears that your board can, and should, act upon (accept or reject) this resignation if it has been properly submitted, but it cannot act to fill the vacancy thereby created without prior notice to board members.

I can't imagine why your board bothers with an agenda, but in any event take a look at FAQ #14.

Link to comment
Share on other sites

Based solely upon what you have posted, it appears that your board can, and should, act upon (accept or reject) this resignation if it has been properly submitted, but it cannot act to fill the vacancy thereby created without prior notice to board members.

I can't imagine why your board bothers with an agenda, but in any event take a look at FAQ #14.

Question, what is considered "Prior Notice" to the board? The day the board member resigned, the President sent out an email to the remaining members announcing the resignation, so the resignaton was give or take 20 days prior to the next meeting? Thanks

Link to comment
Share on other sites

Question, what is considered "Prior Notice" to the board? The day the board member resigned, the President sent out an email to the remaining members announcing the resignation, so the resignaton was give or take 20 days prior to the next meeting? Thanks

If your secretary sends out a notice of the next meeting (which he should), this can include notice that the resignation has been submitted, that the board will be called upon to act on this resignation, and that, if it is accepted, an election will be held to fill the vacancy. If no notice is sent out, the board will not be able to fill the vacancy, but should be advised that the election will be held at the next meeting).

By the way, was this resignation properly submitted in writing?

Link to comment
Share on other sites

If the president "refuses" to place it on the agenda, any member can move to add it before approving the agenda, at the start of the meeting. If there is no approval step, then you don't really have an agenda that's binding in any way.

And you can always make a motion to accept the resignation under New Business. Accepting a resolution takes only moments, so "more urgent" matters aren't much of an excuse. Accept the resignation at the next meeting, and if you think deciding on a replacement would take a while, or haven't given previous notice, schedule that for the following meeting.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...