Guest Bruce Posted November 13, 2012 at 06:13 PM Report Share Posted November 13, 2012 at 06:13 PM I wanted to know what happens if, due to the limitations set out in our by-laws, there are no eligible parties for the position of president when the current presidents' term ends and he/she will not be continuing with the board.Our by-laws state that the president needs to have a minimum of 2 years concurrent service on the board to be eligible and we have no-one that meets those requirements.Is the president then appointed at the AGM by the remaining members or does it open up to the current board, previous board members, or to the general membership? Link to comment Share on other sites More sharing options...
Gary c Tesser Posted November 13, 2012 at 06:15 PM Report Share Posted November 13, 2012 at 06:15 PM Oboy, I"m gettng the first answer in for once. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 13, 2012 at 06:21 PM Report Share Posted November 13, 2012 at 06:21 PM Our by-laws state that the president needs to have a minimum of 2 years concurrent service on the board to be eligible and we have no-one that meets those requirements.Then you'll either need to amend (change) the bylaws or wait until someone becomes eligible (and is willing to serve). In the meantime, no appointments. By anyone. You have what's known as an "incomplete election", not a mid-term vacancy. Link to comment Share on other sites More sharing options...
Guest Bruce Posted November 13, 2012 at 06:23 PM Report Share Posted November 13, 2012 at 06:23 PM That would be great Mr Tesser. We're worried something 'underhanded' might be happening and want to find out what should happen if things are handled properly. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 13, 2012 at 08:14 PM Report Share Posted November 13, 2012 at 08:14 PM ... he/she will not be continuing with the board.The fact that you don't know which notwithstanding, depending on the term of office as defined in your bylaws, it may be that he/she continues on in office in the event of an incomplete election. Nothing would prevent him/her from resigning prior to, or even after, the election meeting. This may not solve the problem, but at least it could get him/her out of office.This does also present the issue of ascendancy as it relates to the office of President. Barring any explicit procedures in the bylaws to the contrary, if the President were to vacate the office before the end of the term (death, resignation, expulsion, etc), the Vice President would immediately become the President. If your Vice President does not qualify for that office (that 2 year concurrent service issue), it does present a slight hiccup in the natural flow of things. It might be best to reconsider that qualification via a bylaw amendment, just as a suggestion. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 13, 2012 at 08:16 PM Report Share Posted November 13, 2012 at 08:16 PM Oboy, I"m gettng the first answer in for once.Well, only if you consider that an "answer". Link to comment Share on other sites More sharing options...
Bruce Lages Posted November 13, 2012 at 09:38 PM Report Share Posted November 13, 2012 at 09:38 PM That would be great Mr Tesser. We're worried something 'underhanded' might be happening and want to find out what should happen if things are handled properly.Well, only if you consider that an "answer". Apparently, there's a lot more to Gary's 'answers' than meets the eye. Link to comment Share on other sites More sharing options...
Tim Wynn Posted November 13, 2012 at 11:20 PM Report Share Posted November 13, 2012 at 11:20 PM I wanted to know what happens if, due to the limitations set out in our by-laws, there are no eligible parties for the position of president . . .The bylaws get amended. Link to comment Share on other sites More sharing options...
sMargaret Posted November 13, 2012 at 11:31 PM Report Share Posted November 13, 2012 at 11:31 PM I wanted to know what happens if, due to the limitations set out in our by-laws, there are no eligible parties for the position of president when the current presidents' term ends and he/she will not be continuing with the board.Our by-laws state that the president needs to have a minimum of 2 years concurrent service on the board to be eligible and we have no-one that meets those requirements.Is the president then appointed at the AGM by the remaining members or does it open up to the current board, previous board members, or to the general membership?Does the president position need to have two years concurrent service on the board to serve as president, or to be elected as president?Also, does your president serve until a new person is elected, or for a specific term? Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 13, 2012 at 11:49 PM Report Share Posted November 13, 2012 at 11:49 PM Does the president position need to have two years concurrent service on the board to serve as president, or to be elected as president?I see no practical difference.Also, does your president serve until a new person is elected, or for a specific term?If the current president isn't sticking around, I'm not sure it matters. Link to comment Share on other sites More sharing options...
sMargaret Posted November 13, 2012 at 11:57 PM Report Share Posted November 13, 2012 at 11:57 PM I see no practical difference.If the current president isn't sticking around, I'm not sure it matters.Sure it could matter!Suppose the current president sticks around until after the election (either by not being replaced as yet, in a situation where the bylaws allow for that rather than an incomplete election, or by running again). After the election, someone who has only served one year runs for vice president. Current president then resigns, and vice president would theoretically become president. It would be quite important as to whether or not they can serve as president, or if they were just barred from running for president. Link to comment Share on other sites More sharing options...
David A Foulkes Posted November 13, 2012 at 11:58 PM Report Share Posted November 13, 2012 at 11:58 PM Our by-laws state that the president needs to have a minimum of 2 years concurrent service on the board to be eligible and we have no-one that meets those requirements.Not even a past president (who I would assume had at some point served 2 successive [which I take as the meaning of concurrent in this application] years on the board)?Sure it could matter!Suppose the current president sticks around until after the election (either by not being replaced as yet, in a situation where the bylaws allow for that rather than an incomplete election, or by running again). After the election, someone who has only served one year runs for vice president. Current president then resigns, and vice president would theoretically become president. It would be quite important as to whether or not they can serve as president, or if they were just barred from running for president.I'd say the only way this works is if a.) the current president is re-elected, and b.) the bylaws do not prevent a person (such as the Vice President) from serving as president with less than two years on the board, but rather only prevent a person from being elected to the office without meeting the two-year requirement. This unfortunately gets us into bylaw interpretation, which Bruce should be aware that we don't do here on the Robert's Rules forum. Link to comment Share on other sites More sharing options...
Guest Edgar Posted November 14, 2012 at 12:21 AM Report Share Posted November 14, 2012 at 12:21 AM Does the president position need to have two years concurrent service on the board to serve as president, or to be elected as president?Sure it could matter!It would be quite important as to whether or not they can serve as president, or if they were just barred from running for president.Well, you've changed "elected" to "running" but, in any case, I don't think your hypothetical situation has any bearing on the current situation, which is the situation where I fail to see any substantial difference between "serve as" and "elected to".So, yes, I suppose there might be an instance where it could matter, but I think in this instance it doesn't matter. Link to comment Share on other sites More sharing options...
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