Guest Bill bennett Posted January 31, 2015 at 02:02 PM Report Share Posted January 31, 2015 at 02:02 PM Our bi laws state that we elect 3 at large members on odd year elections and 4 on the even years. Going into our January 2015 board elections we had a vacancy left over from the previous board. On the ballot for at large member voting we had 4 candidates but instructions to only vote for 3. We wre told that when the new board is voted upon the new president will make an appointment for the vacancy. We had an issue with that. What should have been done at the time of the election? We felt that if we needed 4 at large members and we had 4 candidates on the ballot and with no nominees from the floor or write ins then all 4 candidates should have been unopposed and thus elected. HELP HELP Link to comment Share on other sites More sharing options...
jstackpo Posted January 31, 2015 at 02:18 PM Report Share Posted January 31, 2015 at 02:18 PM First check your bylaws. Do they say how vacancies are to be filled? (I suspect a "leftover" vacancy should have been filled some time ago. But that is water over the dam, or under the bridge, or vice-versa, or whatever, now.) If the bylaws do not give the president authority to fill the vacancy (no matter what the pres. says) he cannot do so, and the position in question is still vacant. Raise a point of order next meeting. If the bylaws are silent, then you do indeed hold an election for the vacant position. BUT... That should be a separate ("vote for one") election for the partial term position to be filled -- one more year, if I understand your system correctly. The other election ("vote for three") is run as usual for the two-year (full) terms. Don't combine them. Link to comment Share on other sites More sharing options...
Guest Bill bennett Posted January 31, 2015 at 06:06 PM Report Share Posted January 31, 2015 at 06:06 PM Thanks JD. Our bi laws are silent on this matter. I could not find any clear rule in the book but your answer makes sense. Do you have a reference for it that I can view? Link to comment Share on other sites More sharing options...
Richard Brown Posted January 31, 2015 at 06:34 PM Report Share Posted January 31, 2015 at 06:34 PM Thanks JD. Our bi laws are silent on this matter. I could not find any clear rule in the book but your answer makes sense. Do you have a reference for it that I can view?Unless your bylaws provide otherwise, the body which elects the officers also has the power to fill vacancies in those offices. It is set out on page 467 of RONR as follows:"VacanciesThe power to appoint or elect persons to any office or board carries with it the power to accept their resignations, and also the power to fill any vacancy occurring in it, unless the bylaws expressly provide otherwise. In the case of a society whose bylaws confer upon its executive board full power and authority over the society's affairs between meetings of the society's assembly (as in the example on p. 578, ll. 11–15) without reserving to the society itself the exclusive right to fill vacancies, the executive board is empowered to accept resignations and fill vacancies between meetings of the society's assembly. For particular vacancies, see page 457, lines 22–30 [page 468] (president-elect), page 458, lines 7–18, and page 575, lines 6–17 (president and vice-presidents). See also page 177 (vacancies in a committee).Notice of filling a vacancy in an office (including a vacancy in an executive board or executive committee) must always be given to the members of the body that will elect the person to fill it, unless the bylaws or special rules of order clearly provide otherwise." See also this language on page 575:" Unless the bylaws clearly provide otherwise, notice of filling a vacancy in office must always be given to the members of the body that will elect the person to fill it." Link to comment Share on other sites More sharing options...
jstackpo Posted January 31, 2015 at 06:50 PM Report Share Posted January 31, 2015 at 06:50 PM Thanks JD. Our bi laws are silent on this matter. I could not find any clear rule in the book but your answer makes sense. Do you have a reference for it that I can view?Looks like Richard (posting #4) did the job for me. Link to comment Share on other sites More sharing options...
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