Guest KDW Posted October 17, 2013 at 08:19 PM Report Share Posted October 17, 2013 at 08:19 PM Our newly elected board of directors do not assume their roles for 30 days after the election. What authority does the new president have over the out-going president that is trying to fight to remain 'in power'? Our by-laws simply state the elected term is 1 yr starting 30 days after the annual election meeting. No other description of roles or duties in the interim are written. Link to comment Share on other sites More sharing options...
Guest Edgar Posted October 17, 2013 at 08:28 PM Report Share Posted October 17, 2013 at 08:28 PM Our newly elected board of directors do not assume their roles for 30 days after the election. What authority does the new president have over the out-going president that is trying to fight to remain 'in power'? Leaving aside the question of whether the terms of office for your president are the same as for members of your board, there is only one president at a time. If the new president doesn't take office for thirty days, the current president is still the, well, current president. There is no "outgoing" or "incoming". He either is or he isn't. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 17, 2013 at 08:30 PM Report Share Posted October 17, 2013 at 08:30 PM Our newly elected board of directors do not assume their roles for 30 days after the election. What authority does the new president have over the out-going president that is trying to fight to remain 'in power'? Our by-laws simply state the elected term is 1 yr starting 30 days after the annual election meeting. No other description of roles or duties in the interim are written. You'll need to check your bylaws to be sure, but I find it unlikely that the individual in question has any authority whatsoever until he actually takes office. You'll also need to check your bylaws to see what authority he has when he becomes President. Link to comment Share on other sites More sharing options...
jstackpo Posted October 17, 2013 at 08:33 PM Report Share Posted October 17, 2013 at 08:33 PM out-going president that is trying to fight to remain 'in power'? Our by-laws simply state the elected term is 1 yr starting 30 days after the annual election meeting. The "out-going" -- actually sitting -- president will lose that fight on the 30th day. Link to comment Share on other sites More sharing options...
g40 Posted October 18, 2013 at 02:27 AM Report Share Posted October 18, 2013 at 02:27 AM Our newly elected board of directors do not assume their roles for 30 days after the election. What authority does the new president have over the out-going president that is trying to fight to remain 'in power'? Our by-laws simply state the elected term is 1 yr starting 30 days after the annual election meeting. No other description of roles or duties in the interim are written.How is the current (outgoing) president fighting to remain in power? The current board (to the degree they have the power) might monitor any actions to see that any actions are within the power of the President. One thing (to the degree allowed and authorized) I would strongly recommend is that the new President and/or Board have some kind of audit done to make sure the outgoing President and Board did not do something improper. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 18, 2013 at 01:11 PM Report Share Posted October 18, 2013 at 01:11 PM Our newly elected board of directors do not assume their roles for 30 days after the election. What authority does the new president have over the out-going president that is trying to fight to remain 'in power'? Our by-laws simply state the elected term is 1 yr starting 30 days after the annual election meeting. No other description of roles or duties in the interim are written. Then there aren't any. Link to comment Share on other sites More sharing options...
Rev Ed Posted October 18, 2013 at 06:19 PM Report Share Posted October 18, 2013 at 06:19 PM This becomes an issue when with the 30 day period. The Board can potentially do a lot of damage in those 30 days before the new members take office (which can be an issue if the majority of members are changing.) The President, on his own, only has the powers granted to him in the By-laws. But those powers could be used to appoint Committee members who are likely to 'support' the President's views instead of letting the President-Elect doing so in 30 days. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 18, 2013 at 06:54 PM Report Share Posted October 18, 2013 at 06:54 PM But those powers could be used to appoint Committee members who are likely to 'support' the President's views instead of letting the President-Elect doing so in 30 days. It would take a very specific combination of rules in the bylaws for that to be possible. The President would need to be authorized to appoint committee members.The bylaws would need to specify a different term of office for the committee members than for the officers. If the bylaws are silent, the term of standing committee members is the same as that of the officers. Therefore, the appointments the President had already made to committees would still be in effect, and those appointments (and any new members he appoints) would end when the new President makes his appointments. See RONR, 11th ed., pg. 490, line 34 - pg. 491, line 5.The bylaws would need to provide a fixed term for committee members, provide that committee members shall serve "and until their succesors are chosen," or provide their own procedure for removing committee members. Otherwise, the new President can simply remove any committee members his predecessor appointed and replace them with members of his choice (even if, for some reason, those appointments extended beyond his predecessor's term). See RONR, 11th ed., pg. 177, lines 24-29; pg. 497, lines 1-7, 11-13.I'd be more worried about any provisions in the bylaws which authorize the President to spend money. Link to comment Share on other sites More sharing options...
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