President resigned, First Vice declined to move up

[Guest Connie]

As stated in our bylaws the 1st Vice shall assume all duties and exercise the powers of the President  in case of the president's absence, incapacity or resignation.

The 1st Vice has declined to move to the vacant President position.  It is our understanding that the refusal means she is automatically resigned from the 1st Vice position.  Is this correct?

[Hieu H. Huynh]

If the first vice president automatically becomes the president, that person is no longer first vice president. That person could resign from the presidency.

[Richard Brown]

I agree with Hieu's answer, but I'm not altogether sure, based on the language you quoted, that the vice president becomes president in the event of a vacancy in the office of president.  The quoted provision says he shall "assume all duties and exercise the powers of the President  in case of the president's absence, incapacity or resignation".   I'm not sure that means he automatically BECOMES president. 

This looks to me like a matter of interpreting your bylaws which is something only your organization can do.   That language can be interpreted to mean that the vice president it, in essence, the "acting president", not the actual president.  The fact that the quoted provision includes the president's "absence" further confuses things.  That indicates a temporary situation. Incapacity can be temporary or permanent.

[Josh Martin]

13 hours ago, Richard Brown said:

I agree with Hieu's answer, but I'm not altogether sure, based on the language you quoted, that the vice president becomes president in the event of a vacancy in the office of president.  The quoted provision says he shall "assume all duties and exercise the powers of the President  in case of the president's absence, incapacity or resignation".   I'm not sure that means he automatically BECOMES president. 

Maybe not, but RONR provides that the 1st Vice President automatically becomes President in the event of a vacancy in that office unless the bylaws specifically provide otherwise.