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Guest J. Anthony

Vice President taking over President Role

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Guest J. Anthony

Our not for profit Board has had a lot of turnover this year. The president has left the board and a new President will be elected. In the interim, our bylaws state the Vice President will perform the actions of the president if they are unable to do so. Since we have no president, I assume this means the vice president is the acting president.

   In our Bylaws we also state that the President only votes in case of a tie. We are voting for a specific punishment, since the vice president is the acting president, would she be able to vote on the discpline or only in case of a tie?

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Ultimately it will be up to your organization to interpret your bylaws. Unless your bylaws specifically states otherwise, the vice president automatically becomes president in the case of a vacancy in the presidency.

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Guest J. Anthony

Ultimately it will be up to your organization to interpret your bylaws. Unless your bylaws specifically states otherwise, the vice president automatically becomes president in the case of a vacancy in the presidency.

Out Bylaws state this:

 

The Vice-President shall assume the duties of the President when the President cannot perform them

 

5.1.2 The President of the League shall only vote in case of a tie. 

 

So, does this mean the Acting President can not vote, only in a tie? Assuming that the vice president is taking over the president's duties?

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It's not clear whether the vice president assumes the duties while remaining vice president or if the vice president assumes the duties because that person is now the president. In any case, only your organization can interpret your bylaws. Such interpretation is beyond the scope of this forum.

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Our not for profit Board has had a lot of turnover this year. The president has left the board and a new President will be elected. In the interim, our bylaws state the Vice President will perform the actions of the president if they are unable to do so. Since we have no president, I assume this means the vice president is the acting president.

In our Bylaws we also state that the President only votes in case of a tie. We are voting for a specific punishment, since the vice president is the acting president, would she be able to vote on the discpline or only in case of a tie?

Out Bylaws state this:

The Vice-President shall assume the duties of the President when the President cannot perform them

5.1.2 The President of the League shall only vote in case of a tie.

So, does this mean the Acting President can not vote, only in a tie? Assuming that the vice president is taking over the president's duties?

Based solely upon what has been posted, it seems to me that the Vice President becomes President, not merely the "Acting" President, which seems to resolve your dilemma. As has previously been noted, when there is a vacancy in the office of President, the Vice President becomes President automatically unless the bylaws specifically provide otherwise, and you haven't cited anything from your bylaws which provide otherwise.

If we go out on a limb and assume that the Vice President is indeed the Acting President, notwithstanding my opinions to the contrary, then you're on your own, since this is about whether a customized rule in your bylaws applies to a position created by your bylaws. Only your society can answer that question. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

This situation would not arise under RONR, so it has no guidance on how to resolve it. There are provisions for a temporary chairman, but there is no such thing as an "Acting" President. You're either the President or you're not. Additionally, RONR does not provide that the President can only vote in the case of a tie. See FAQ #1.

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