Bylaws state that the Fire Chief is automatically a member of the Board

[Guest MJ Regier]

We are a 501 c  3 and our bylaws are being amended to state that the Fire Chief (or his designee) is automatically a member of our Board.  Would this person be able to vote?  I guess that they wouldn't have a term.  Is there another designation we could give them other than Board Member?  Ex officio doesn't really work?  Thank you.

[Guest Brian]

Ex officio members ARE members, including having the right to vote (unless the organization's rules specifically say otherwise). In the scenario you describe, it doesn't matter whether you use the term "ex officio" or not.

[Gary Novosielski]

2 hours ago, Guest MJ Regier said:

We are a 501 c  3 and our bylaws are being amended to state that the Fire Chief (or his designee) is automatically a member of our Board.  Would this person be able to vote?  I guess that they wouldn't have a term.  Is there another designation we could give them other than Board Member?  Ex officio doesn't really work?  Thank you.

Ex-officio is exactly the right term for such members.  Their membership arises "out of the office" they hold.  They would not have a fixed term; their membership lasts as long as they remain Fire Chief.  They would have a vote unless the bylaws amendment says that they don't.

[Hieu H. Huynh]

Also see FAQ #2.

[ShellyS]

I am on the same type of board.  We are the fundraising corporation for our fire department. Our bylaws state the fire chief is a consultant to the board.  If yours state he is a member of the board, and does not specifically say he does not have a vote, then I would think he has a vote.  Usually a member of a board has a vote unless stated otherwise.  You may want to look into amending your bylaws, especially if the chiefs vote makes an even number.  If he is against losing his vote, suggest adding another voting member such as another member at large.  An odd number is most desirable.  

[jstackpo]

Actually.  ShellyS, ... odd or even numbers of members makes no (important) difference  --  if one member abstains in a vote (or is absent) you are right back to an even number of votes (or voters) anyway.  Besides, except in an election, a tie is no problem:  a tie vote simply defeats the motion in question since there is not a majority of votes in favor of the motion.

[Gary Novosielski]

12 hours ago, ShellyS said:

I am on the same type of board.  We are the fundraising corporation for our fire department. Our bylaws state the fire chief is a consultant to the board.  If yours state he is a member of the board, and does not specifically say he does not have a vote, then I would think he has a vote.  Usually a member of a board has a vote unless stated otherwise.  You may want to look into amending your bylaws, especially if the chiefs vote makes an even number.  If he is against losing his vote, suggest adding another voting member such as another member at large.  An odd number is most desirable.  

Once again, I stress the advisability of knowing what you are talking about before responding.

[Joshua Katz]

Just now, Gary Novosielski said:

Once again, I stress the advisability of knowing what you are talking about before responding.

Well, it's certainly true that an ex-officio member, barring any special provision, may vote, since membership is the right to participate in all proceedings.  I agree that the odd-even claim doesn't make much sense.

[Gary Novosielski]

Just now, Joshua Katz said:

Well, it's certainly true that an ex-officio member, barring any special provision, may vote, since membership is the right to participate in all proceedings.  I agree that the odd-even claim doesn't make much sense.

Yes, the latter is what I was referring to.