Temporary appointment to one office while holding another elected office

[JCesare]

I'd like to thank those that offered opinions on my last question, and hope you are willing to offer some ideas on the current question I have. I know that it is up to each organization to interpret its own bylaws. I'm just looking for differing opinions on the subject.

 

National organization with a constitution.
Subordinate local of the national organization with bylaws subordinate to national's constitution.

 

We have a member ("A") currently serving his elected term on our Election Committee.

When there is a vacancy in a non-executive elected position ("1"), the constitution and bylaws permit "B" to appoint someone to fill the vacancy until an election to fill the position is held. This has also been interpreted as allowing B to make a temporary appointment to fill a temporary vacancy. B's ability to temporarily appoint someone to execute the duties of the office is not questioned, as this interpretation has a long history of precedence and is advantageous to the membership. 

 

The constitution and bylaws both prohibit Election Committee members from running for any elected position "No member of the Election Committee shall be eligible to run for office, delegate, or to serve as a challenger for a candidate in any election which the committee conducts.", as every office's election is overseen by the election committee.

 

The bylaws further state, "No member of this Local shall be eligible to hold more than one (1) elected office."

 

My question is, can the member of the Election Committee (A) be appointed to fill the temporary vacancy in the elected position (1) ​since he is not running for election or being elected to the office, or is he ineligible by virtue of holding two elected offices even though he was appointed, not elected, to one of them?

 

Thank you for your comments. Again, I know that it is up to the membership, I'd just like to hear any arguments that may come for or against.

[Josh Martin]

My question is, can the member of the Election Committee (A) be appointed to fill the temporary vacancy in the elected position (1) ​since he is not running for election or being elected to the office, or is he ineligible by virtue of holding two elected offices even though he was appointed, not elected, to one of them?

I'm leaning toward the latter, but it may be helpful if you could clarify what is meant by a "temporary vacancy" and a "temporary appointment." What office is involved may also be important. Having a member serve as Chairman Pro Tempore or Secretary Pro Tempore, for instance, would not violate the prohibition against serving in two offices, in my opinion.

[Richard Brown]

I agree with Josh Martin's opinion and rationale in post # 2 above.  Based solely on what has been posted thus far, it is my personal opinion that since the vacant position is an elective office, member "A" would not be eligible to serve in that office even in a temporary appointed capacity. 

 

Others may disagree, and, as JCesare has correctly pointed out, it is up to each organization to interpret its own bylaws. 

[JCesare]

I'm leaning toward the latter, but it may be helpful if you could clarify what is meant by a "temporary vacancy" and a "temporary appointment." What office is involved may also be important. Having a member serve as Chairman Pro Tempore or Secretary Pro Tempore, for instance, would not violate the prohibition against serving in two offices, in my opinion.

 

A temporary appointment to cover a short absence. Usually only lasting one day. However it may last a week or longer in the case of vacation purposes. It could also be longer for medical, legal, family, or personal reasons. Any vacancy less than sixty (60) days does not require an election to fill.

 

The position in question is not a Pro Tempore position. It is member of a committee charged with representing its members interests and views to a third party (hence B's ability to temporarily appoint someone to execute the duties of the office having a long history of precedence and being advantageous to the membership.)

 

Thank you both for your replies. My impression was that no, this was holding two elected offices, but I wanted to make sure there wasn't something somewhere that stipulated a temporary appointment to an office was not considered "holding" the office (there is nothing in the constitution or bylaws stipulating to this).

[Josh Martin]

A temporary appointment to cover a short absence. Usually only lasting one day. However it may last a week or longer in the case of vacation purposes. It could also be longer for medical, legal, family, or personal reasons. Any vacancy less than sixty (60) days does not require an election to fill.

 

The position in question is not a Pro Tempore position. It is member of a committee charged with representing its members interests and views to a third party (hence B's ability to temporarily appoint someone to execute the duties of the office having a long history of precedence and being advantageous to the membership.)

 

Thank you both for your replies. My impression was that no, this was holding two elected offices, but I wanted to make sure there wasn't something somewhere that stipulated a temporary appointment to an office was not considered "holding" the office (there is nothing in the constitution or bylaws stipulating to this).

There is certainly nothing in RONR which stipulates any such thing, since RONR does not provide for "temporary appointments" of the nature you describe.