Guest tina Posted October 10, 2014 at 05:01 AM Report Share Posted October 10, 2014 at 05:01 AM Two positions on the board or four people were vacated via letter of resignation. The bylaws only information about replacement during the year is "officers resignation shall be filled for the remainder of the year by a nomination of the board." The annual elections are in May. Does this nomination by the board mean, that there will not be a vote needed? Or, that it can be all agreed say "Aye' all opposed " What if someone opposed? What if someone wanted to nominate someone from the floor but the board ? Can this be done as a group nomination or does it have to be done by each individual candidate being nominated to the board. Link to comment Share on other sites More sharing options...
jstackpo Posted October 10, 2014 at 06:21 AM Report Share Posted October 10, 2014 at 06:21 AM Once the board nominates someone, two someones, to fill the vacated positions, that is the end of it. The positions are filled until the original terms of election run out, presumably in May. The general membership has no say in the "filling" process. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 10, 2014 at 01:18 PM Report Share Posted October 10, 2014 at 01:18 PM Once the board nominates someone, two someones, to fill the vacated positions, that is the end of it. No election? Link to comment Share on other sites More sharing options...
jstackpo Posted October 10, 2014 at 01:29 PM Report Share Posted October 10, 2014 at 01:29 PM Well, sure, if the Board had choices, it would hold an election to determine who to appoint. Be sure to keep in mind the (one of many!) distinctions between appointing and electing. The power to appoint is the authority to name person(s) to positions, usually granted by the bylaws. An election is just one of many methods of deciding who to appoint, when there are choices. Link to comment Share on other sites More sharing options...
Richard Brown Posted October 10, 2014 at 01:34 PM Report Share Posted October 10, 2014 at 01:34 PM No election?I think it depends on the interpretation of the word "nomination" as used in the phrase "officers resignation shall be filled for the remainder of the year by a nomination of the board" from the bylaws, without anything more about any other body having to approve or vote on the nominations. I would interpret it the same way Dr. Stackpole did if there is nothing else in the bylaws about filling vacancies. I agree that normally when the bylaws call for nominations for something, the nomination procedure is followed by an election or appointment procedure. But, from what we have been told, that is not the case here. I think the act of nominations from the board is the act of electing. Link to comment Share on other sites More sharing options...
Edgar Guest Posted October 10, 2014 at 01:35 PM Report Share Posted October 10, 2014 at 01:35 PM Be sure to keep in mind the (one of many!) distinctions between appointing and electing. I try to. In this instance I'm more concerned with the distinction between nominating and electing (or otherwise appointing). In my mind, nominating is not the last step in filling a vacancy. Link to comment Share on other sites More sharing options...
jstackpo Posted October 10, 2014 at 01:41 PM Report Share Posted October 10, 2014 at 01:41 PM Responding to both #5 and #6: Yeah, Guest_Tina's bylaws are not phrased very clearly. Tina, can you help us out here? Link to comment Share on other sites More sharing options...
Josh Martin Posted October 11, 2014 at 12:38 AM Report Share Posted October 11, 2014 at 12:38 AM I think it depends on the interpretation of the word "nomination" as used in the phrase "officers resignation shall be filled for the remainder of the year by a nomination of the board" from the bylaws, without anything more about any other body having to approve or vote on the nominations. I would interpret it the same way Dr. Stackpole did if there is nothing else in the bylaws about filling vacancies. I agree that normally when the bylaws call for nominations for something, the nomination procedure is followed by an election or appointment procedure. But, from what we have been told, that is not the case here. I think the act of nominations from the board is the act of electing. I think there may be some ambiguity in the rule. Certainly the fact that the rule provides that the vacancy is filled by the nomination raises questions about whether the nomination from the board is comparable to a nomination from the floor. On the other hand, if the rule is intended to mean that the board simply appoints (or elects) someone to fill the vacancy, why doesn't the rule just say that? Perhaps the nominations from the board are comparable to the "nominations by the chair" discussed in RONR, 11th ed., pgs. 494-495? Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.