Guest janet cunningham Posted August 9, 2014 at 11:17 AM Report Share Posted August 9, 2014 at 11:17 AM Our By-laws provide that officers be elected at the annual meeting. The term of office is also fixed by the By-laws. From time to time, we need to elect an officer outside of the annual meeting, (also permitted by the By-laws). When does this term end? For example, our annual meeting is in August. We elected a Vice President in December 2012. A Vice President's term lasts for two years. Does this term end in August 2014 or August 2015. (This was a new position - there was no "old" term to finish out. Link to comment Share on other sites More sharing options...
jstackpo Posted August 9, 2014 at 12:34 PM Report Share Posted August 9, 2014 at 12:34 PM Except for your twist that this is a "new position", the regular rule is that the person elected to fill an inter-term vacancy serves until the next regular election for all (or a listed sub-set) of the elected officers, as the time/date specified in the bylaws. Link to comment Share on other sites More sharing options...
Edgar Guest Posted August 9, 2014 at 01:04 PM Report Share Posted August 9, 2014 at 01:04 PM We elected a Vice President in December 2012. A Vice President's term lasts for two years. Does this term end in August 2014 or August 2015. (This was a new position - there was no "old" term to finish out. If you elected someone in December 2012 to a new position with a two-year term I see no reason why the term wouldn't end in December 2014. If you've created ambiguities in your bylaws you'll need to, collectively, figure out what they mean. And then amend them to remove those ambiguities. For future reference, you might have included a "proviso" when electing this new position so that it would mesh with your normal electoral schedule (i.e. stipulate that, for this first election, the term would expire in August 2015). Link to comment Share on other sites More sharing options...
Josh Martin Posted August 9, 2014 at 06:14 PM Report Share Posted August 9, 2014 at 06:14 PM Our By-laws provide that officers be elected at the annual meeting. The term of office is also fixed by the By-laws. From time to time, we need to elect an officer outside of the annual meeting, (also permitted by the By-laws). When does this term end? For example, our annual meeting is in August. We elected a Vice President in December 2012. A Vice President's term lasts for two years. Does this term end in August 2014 or August 2015. (This was a new position - there was no "old" term to finish out. When you amended the bylaws to create this position, you probably should have adopted a proviso to resolve these problems. Since you didn't, see RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation. Based only on the facts provided, I think August 2014 or December 2014 are reasonable interpretations. I doubt it would last until August 2015 without a proviso. Link to comment Share on other sites More sharing options...
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