Guest Aimee Posted May 8, 2019 at 04:53 PM Report Share Posted May 8, 2019 at 04:53 PM We have an elected, seven person board. In this last election, only two people ran for three openings which leaves us with a vacancy. The outgoing trustee stated she would stay (fill the vacancy) on until the next election. Our bylaws state the following regarding filling vacancies: BEGIN: The Board shall fill a vacancy forthwith by appointment by the remaining trustees, by vote, requiring a majority of quorum for approval at any regular or special meeting. Candidate Selection Options: A. Appoint an individual who previously served the office of Library Trustee. B. Appoint an individual who previously interviewed for the office of Library Trustee. C. Interview individuals who previously ran for the office of Library Trustee. Appoint a viable candidate. If there are no viable candidates to appoint, the Board will publicize the vacancy, interview candidates in executive session, and appoint selected candidate at a regular meeting. END My question is, do we need a motion to vote for this board member to fill the vacancy or can we simply vote for her when it comes time on the agenda? Should someone formally nominate her before voting? The appointment will be on the agenda and notice given. Thank you in advance! Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted May 8, 2019 at 05:07 PM Report Share Posted May 8, 2019 at 05:07 PM I would venture you are misusing the term "vacancy" to describe the situation. What you really have is an incomplete election, to which the cited bylaw would not apply. Quote Link to comment Share on other sites More sharing options...
Aimee Posted May 8, 2019 at 05:47 PM Report Share Posted May 8, 2019 at 05:47 PM Thank you for the quick response. I hope I can clarify. The election was not performed by our Board - it was the consolidated April 2 election. According to our county election board, the vacancy is the Board's responsibility to fill until the next consolidated election in 2021. Quote Link to comment Share on other sites More sharing options...
jstackpo Posted May 8, 2019 at 05:57 PM Report Share Posted May 8, 2019 at 05:57 PM Since "the vacancy is the Board's responsibility to fill" you might do best to check the board's rules (bylaws?) for the appropriate "fill-the-vacancy" procedure; or perhaps any ordinances that set up the board in the first place. Check with your staff (?) or county attorney, if you have one. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted May 8, 2019 at 06:00 PM Report Share Posted May 8, 2019 at 06:00 PM Well, since the board would seem to "select[] [a] candidate" in executive session, I would think a reporting member (probably the chair) would announce the appointment at the next open meeting. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted May 8, 2019 at 08:54 PM Report Share Posted May 8, 2019 at 08:54 PM 2 hours ago, reelsman said: Well, since the board would seem to "select[] [a] candidate" in executive session, I would think a reporting member (probably the chair) would announce the appointment at the next open meeting. I don't see anything in the OP that suggests that this will be done in executive session. That only seems to apply if there are no viable candidates and we are told that there is a candidate who meets criterion A. Your bylaws as quoted tell you the process to follow to fill this vacancy (and the Elections Board has told you that you have a vacancy rather than an incomplete election). A motion "To appoint [Outgoing Trustee] to fill the vacant position as per Bylaws Article [x]" would seem to do the trick. I don't know the definition of "a majority of quorum" is so I hope your board does. Quote Link to comment Share on other sites More sharing options...
Rob Elsman Posted May 8, 2019 at 09:07 PM Report Share Posted May 8, 2019 at 09:07 PM (edited) I took "...appoint the selected candidate..." (i.e., the candidate who had been "selected" in executive session) to mean that the election was carried out in executive session, and the "selected candidate" was then "appointed" in open session. I suspect this is done to prevent the candidate and the public from knowing who voted what way as political cover. At any rate, if the candidate was duly elected in executive session, there is nothing more to be done beyond reporting the action in open session, so that the candidate can accept his election and take his seat. Edited May 8, 2019 at 09:08 PM by reelsman Quote Link to comment Share on other sites More sharing options...
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