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President's Appointment


Guest Ed Mata
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1 hour ago, Guest Ed Mata said:

Can a President, in the last month of presidency,

appoint themselves to an office

not vacant until the following follow month?

What do you mean, "not yet vacant"?

Q. If there is no vacancy, then what is the president doing?

***

If your president is empowered to appoint that given specific office, then your president is free to appoint himself. -- When the seat is vacant.

If your president is not empowered to appoint that given specific office, then your question is moot.

***

Q. Are you asking ,"Do presidents have the power to appoint, in general?" -- The answer is "No", with Robert's Rules of Order giving one rare exception.

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17 hours ago, Guest Ed Mata said:

Can a President, in the last month of presidency, appoint themselves to an office not vacant until the following follow month?

No.

17 hours ago, Hieu H. Huynh said:

Only if the bylaws give the president such power.

Even if the bylaws grant the President the authority to fill vacancies, I don't think the President can fill a vacancy which will not exist until after his term is over.

16 hours ago, Kim Goldsworthy said:

If your president is empowered to appoint that given specific office, then your president is free to appoint himself. -- When the seat is vacant.

Well, no, because when the seat is vacant, this person will no longer be President. If the President fills vacancies, it will be the new President who will fill this vacancy.

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22 hours ago, Gary Novosielski said:

I agree that the president cannot nominate himself (or anyone) in anticipation of a vacancy that has not yet occurred. 

I don't see any problem, as a general rule, with a known vacancy being filled in advance. If a resignation is submitted and accepted, but the resignation does not take effect until a later date, it seems entirely appropriate for the person or assembly empowered to fill the vacancy to do so in advance of the effective date. The appointment will, of course, not take effect until the resignation is effective.

The issue here is that the vacancy does not exist until after the President leaves office. Therefore, he is attempting to fill a vacancy which should rightly be filled by his successor.

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On 1/7/2017 at 0:53 PM, Josh Martin said:

I don't see any problem, as a general rule, with a known vacancy being filled in advance. If a resignation is submitted and accepted, but the resignation does not take effect until a later date, it seems entirely appropriate for the person or assembly empowered to fill the vacancy to do so in advance of the effective date. The appointment will, of course, not take effect until the resignation is effective.

The issue here is that the vacancy does not exist until after the President leaves office. Therefore, he is attempting to fill a vacancy which should rightly be filled by his successor.

That's what I thought I said until I re-read it and discovered that apparently I only said it my head.  

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