Resolving Unspecified Term for Appointed Position

[Guest Tom J]

An organization to which I belong has several appointed positions.  With one exception, the bylaws specify that the term of the appointed positions to be 2 years, which is the same as the term of the elected officers.

 

The exception is a position which was changed from elected to appointed in a bylaw revision a few years ago.  There is no term specified for this position.  It is not clear if it is a drafting error or not.

 

We just had an election, and the new board wants to replace the current holder of this position.  The current holder maintains that since no term is specified, that the appointment is indefinite and that the board has no authority to remove the current holder or appoint a replacement.

 

I disagree. I think that in the absence of a term, the appointment is at the pleasure of the appointing authority, which in this case is the President with ratification by the Board.

 

Any guidance in resolving this conundrum would be helpful.

[Sean Hunt]

While the question of whether the term is indefinite or not is a question of interpretation and beyond the scope of these forums, if there is no defined term, then it is "at pleasure", and the appointing body can revoke the appointment at any time.

[Guest Edgar]

It is not clear if it is a drafting error or not.

Check the minutes of the meeting where the rule was changed. You may just have an inaccurate copy.

 

I think that in the absence of a term, the appointment is at the pleasure of the appointing authority, which in this case is the President with ratification by the Board.

Me too.