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Vacant Position - Need Direction


Guest Michelle

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I work at a university and the Student Government Association Executive Secretary had to step down. Our bylaws do not indicate what to do in this type of situation. Only that if a newly elected secretary whose term has not begun yet, can replace the existing secretary in these types of situations. We however do not have anyone elected in the pipeline. Normally, we would take this to our bylaws committee and they would present a recommendation to amend the bylaws and present it to the senate for a vote/determination. Since we are strapped for time, do I need to follow this same process?

 

The only options I see is #1 - the executive president appoints someone, option #2 - a special election is held for the secretary position.

 

WHat are your thoughts? Any help would be much appreciated!

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When the bylaws are silent as to filling an (elected) vacancy, which I take to be the case, the RONR default process is that the executive board can fill the vacancy until the next meeting   ---   if  (big if)  "the bylaws confer upon its executive board full power and authority..." p. 467.

 

But (and I am not so sure about this) at the next meeting you hold a special election to fill the vacancy for the remainder of the term. p. 575.  But it may be that the ExecBoard fill of the vacancy is permanent until the next regular election.  I am inclined toward the latter.  Other opinions or clarifications (p. 467 contains  material that is new to the 11th edition) appreciated.

 

If the ExecBoard doesn't have that "full power" then the assembly will have to hold a special election to fill the vacancy. 

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I work at a university and the Student Government Association Executive Secretary had to step down. Our bylaws do not indicate what to do in this type of situation. Only that if a newly elected secretary whose term has not begun yet, can replace the existing secretary in these types of situations. We however do not have anyone elected in the pipeline. Normally, we would take this to our bylaws committee and they would present a recommendation to amend the bylaws and present it to the senate for a vote/determination. Since we are strapped for time, do I need to follow this same process?

 

The only options I see is #1 - the executive president appoints someone, option #2 - a special election is held for the secretary position.

 

WHat are your thoughts? Any help would be much appreciated!

 

Who elects the Executive Secretary?

 

In any event, the executive president does not have the authority to fill the vacancy unless the bylaws so provide.

 

When the bylaws are silent as to filling an (elected) vacancy, which I take to be the case, the RONR default process is that the executive board can fill the vacancy until the next meeting   ---   if  (big if)  "the bylaws confer upon its executive board full power and authority..." p. 467.

 

But (and I am not so sure about this) at the next meeting you hold a special election to fill the vacancy for the remainder of the term. p. 575.  But it may be that the ExecBoard fill of the vacancy is permanent until the next regular election.  I am inclined toward the latter.  Other opinions or clarifications (p. 467 contains  material that is new to the 11th edition) appreciated.

 

If the ExecBoard doesn't have that "full power" then the assembly will have to hold a special election to fill the vacancy. 

 

Since this is a student government association, it's possible the officer in question is elected by the student body, in which case there is no "next meeting," and in that event I'm not sure how much of this is applicable. On the other hand, it's also possible this officer is elected by the student government, in which case I agree with your response.

 

I agree that if an Executive Board fills a vacancy under the "full power and authority" clause, it applies until the next regular election.

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