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Establishment of a past practice


Guest Nick

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The bylaws are silent on vacancies.

 

Then you need to hold an election (by the general membership).

 

In the past, when they occurred, the president appointed someone to the position with the membership confirming it with a vote.

 

Well, let's say instead that the president nominated someone. If your bylaws don't require a ballot vote, the chair can declare the sole nominee elected "by acclamation". Or additional nominations could be made from the floor. Then you'd have a real election.

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If our club has filled vacancies of officers through appointments in the past and it has been an accepted practice does this become a precedent for appointing officers in case of future vacancies?

No.

That is my point to the club. It has been an election, albeit more informal than how it is written in RR.

If the President's appointments are confirmed by the membership, and the bylaws do not require a ballot vote, then I suppose this is acceptable. The membership is, in effect, ratifying the actions taken by the President in excess of his authority.

This will become somewhat problematic, however, if the membership ever decides that it does not approve of one of the President's choices. Since the President is acting beyond his authority, he could be subject to disciplinary action. There may also be some questions regarding the legitimacy of any actions that the officer appointed by the President had taken, or even of actions taken by the board (if the appointed officer's vote there could have made a difference). If the society wishes to continue this practice, it would be highly advisable to amend the bylaws to include it.

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Generally, the body who elects the officers has the power to fill the vacancies in those offices.

 

Another common practice, as specified in the organization's bylaws, is that with a member elected Board, a vacancy on the Board is filled by the Board (for the unexpired term, or until the next member election) until the next annual meeting/Board election.  

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