President Resigned

[Guest guest]

Our president resigned (resignation was accepted).    The current VP is also the PP (and they held the position of President for 4 years).  The VP is willing to take on the duties (would prefer to keep the title of VP).  There's questions about who takes over now.  There is nothing in the by-laws that allows for a bi-election. 

According to our by-laws:

1. There shall be four (4) elected officers, these being, the President, the Vice President, the Secretary, the Treasurer, and ex officio the Past President.

2. The term of office for the officers of the Club shall be two (2) years. No person shall be eligible to hold office of President for more than two consecutive terms (four years). A waiting period of two (2) years is required before the Past President may run for the office of President again.

Duties:

2. The Vice-President shall perform the duties of the President in her/his absence, or inability to act, and shall be directly responsible for Club activities and carry out the objectives of the Club.

Vacancies:

1. Any officer or Director of the Club may resign during his/her term of office by giving written notice to the Secretary and the President of the Club.  Such vacancy may be filled by the appointment by the Executive Committee until the next normal election.

 

We thought it would be a simple matter of the VP taking on the duties and that was that, but there has been a concern raised by a member about the VP holding three positions  (P, VP, PP) and not having waited the two years before taking on the role of President again.  Help!!

 

 

[Hieu H. Huynh]

Unless your bylaws specifically provide otherwise, the vice president automatically becomes president if there is a vacancy in that position.

[Joshua Katz]

Agreeing with Mr. Huynh, your bylaws do provide otherwise, at least potentially.  Only your organization can interpret your bylaws.  In my opinion, there is no barrier to the VP becoming President automatically, as Mr. Huynh describes, for the following reason:  it is clear that provision 2 only prohibits serving more than 4 consecutive years, not non-consecutive.  It goes on to say that 2 years must pass before a person can run for President again, but your VP is not running for President; he is simply becoming President due to a resignation.  It says nothing about waiting 2 years before taking on the role.  

Your President, it goes without saying, is not absent or unable to act; rather, he resigned.  The VP then becomes President, leaving a vacancy in the VP which the EC may fill until the next election.  Your VP, though, has no option to "take on the duties" and his preference for keeping the title of VP is irrelevant.  He automatically became President upon the President's resignation (which is a good thing - how else could your President possibly fulfill the requirements for resigning, as per your bylaws?)