How long to fill officer vacancy

[Guest Eldon]

The bylaws for our board state that "Board officers shall be President, Vice President and Financial Secretary." The Financial Secretary position has been vacant since our last monthly meeting because the board member in that office resigned from the board at the end of the last meeting. The next election is six months away.

As I understand it, the words "shall be" in the bylaws do not leave any wiggle room; we must fill that vacancy. The bylaws do not say how soon we must fill the vacancy - indeed the bylaws say nothing whatever about mid-term vacancies.The bylaws do say, however, that RONR shall be the parliamentary authority.

Does RONR have anything to say about how long we may go without filling the vacancy?

[Tim Wynn]

The bylaws for our board state that "Board officers shall be President, Vice President and Financial Secretary." The Financial Secretary position has been vacant since our last monthly meeting because the board member in that office resigned from the board at the end of the last meeting. The next election is six months away.

As I understand it, the words "shall be" in the bylaws do not leave any wiggle room; we must fill that vacancy. The bylaws do not say how soon we must fill the vacancy - indeed the bylaws say nothing whatever about mid-term vacancies.The bylaws do say, however, that RONR shall be the parliamentary authority.

Does RONR have anything to say about how long we may go without filling the vacancy?

The vacancy can be filled at the next meeting of the body that will fill the vacancy, provided that notice has been given.

[Guest Edgar]

Does RONR have anything to say about how long we may go without filling the vacancy?

The vacancy can be filled at the next meeting of the body that will fill the vacancy, provided that notice has been given.

I don't think Eldon was asking how soon the vacancy can be filled but rather how long the office can remain vacant and I believe the answer to that question is that the body (or person) authorized to fill the vacancy should do so as soon as possible. But, of course, it can't do what it can't do. For example, if the bylaws don't provide for special meetings, it might be necessary to wait until the next regular meeting.

[Guest Eldon]

I don't think Eldon was asking how soon the vacancy can be filled but rather how long the office can remain vacant ...

That is correct.

... the body (or person) authorized to fill the vacancy should do so as soon as possible.

The above statement will be questioned by some board members who will insist that we delay an election until a new board member with accounting or financial skills is available. Is it permissible to delay until that person is available? If so, for how long? If not, is there any printed reference that will support the statement that we must not delay.

(In answer to the obvious question: although these skills would be very desirable for this officer, there are no skills specified as requirements for the Finance Secretary in the bylaws or elsewhere.)

[Guest Edgar]

If not, is there any printed reference that will support the statement that we must not delay.

The printed reference is in your bylaws. Follow the rule that says you shall (i.e. must) have a Financial Secretary. Each day you delay is another day the rule isn't being followed. But the police won't come and break down your door. So follow the rules or don't follow the rules.

[Guest Eldon]

The printed reference is in your bylaws. Follow the rule that says you shall (i.e. must) have a Financial Secretary. Each day you delay is another day the rule isn't being followed. But the police won't come and break down your door. So follow the rules or don't follow the rules.

Well said, Edgar. Many thanks to you and Tim Wynn for your assistance.