Guest Travis Goodman Posted January 4, 2015 at 09:33 AM Report Share Posted January 4, 2015 at 09:33 AM Quick question. I belong to a volunteer Fire Department. We have annual elections in September with the elected Officers taking their positions in October. In the elections, there were two members who ran for Fire Chief. Based on our By Laws, the member getting the most amount of votes wins the election. Our By Laws do not state what happens if an elected officer then resigns. Does the other member with the next most amount of votes, get placed into that position for the remaining term or does there need to be a new election on the floor to elect a new Fire Chief? The current Fire Chief has resigned from the position, which is now a vacant position. Does the other member who was on the ballot get to take the position over or is a new election needed? Thanks in advance for anyone's help in this matter. Link to comment Share on other sites More sharing options...
Larry Cisar Posted January 4, 2015 at 11:03 AM Report Share Posted January 4, 2015 at 11:03 AM New Election is needed unless your bylaws say otherwise. Link to comment Share on other sites More sharing options...
Transpower Posted January 4, 2015 at 02:12 PM Report Share Posted January 4, 2015 at 02:12 PM Do you have a "vice fire chief"? If so, that individual would--usually--assume the role of fire chief in the event of a resignation. Check the officer section of your bylaws! If nothing relevant is there, then maybe you should modify your bylaws. Link to comment Share on other sites More sharing options...
Richard Brown Posted January 4, 2015 at 07:26 PM Report Share Posted January 4, 2015 at 07:26 PM Unless you have a contrary provision in your bylaws, the person who comes in second in an election never takes the place of the winner in the event the winner resigns or the position otherwise becomes vacant. In elections, being second doesn't count for anything other than being able to say "I came in second". I am assuming that your chief resigned after taking office. You therefore have a vacancy in the office of Fire Chief. That vacancy should be filled in the manner specified in your bylaws for filling vacancies. What do your bylaws say about a vacancy in the office of Fire Chief? As Transpower asked, do you have an Assistant Chief? If so, and if your bylaws say that the assistant chief becomes chief in the event the office of fire chief becomes vacant, then you have a vacancy in the office of assistant chief, not fire chief. The assistant chief becomes chief automatically the instant the chief resigns. If your assistant chief does not become chief in the event of a vacancy, or if you do not have an assistant chief (or someone else designated by the bylaws to become chief in the event of a vacancy), then you have a vacancy in the office of fire chief and that vacancy should be filled in the manner specified in your bylaws for filling vacancies. If your bylaws are silent on the method of filling vacancies, then RONR provides that the body (the general membership, board of directors, or whatever) that elects the chief in the first place is the appropriate body to fill the vacancy by means of electing a new chief. In essence, as Larry Cisar said, you have a new election for chief. Link to comment Share on other sites More sharing options...
Guest travis goodman Posted January 5, 2015 at 01:27 AM Report Share Posted January 5, 2015 at 01:27 AM Thank you gentlemen for your input on this. I will have to review our company bylaws, but I believe there isn't any language stating what happens if an elected officer resigns, as to if the deputy fire chief moves up to that position. I believe we will just have to hold another election for the position. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.