Filling Non-Presidential Vacancies

[jstackpo]

Where, if anywhere, does RONR explicitly state that if there are no vacancy-filling rules in the bylaws (and no "full power and authority" as on page 467) vacancies, other than the presidency, can only be filled by a special election by the full assembly? 

Page 468 and 575 both have sorta indirect statements (about giving notice to "the body") but don't specify what the "body" is as the no-filling-provisions default.

It would be nice if the book had such an explicit statement as to the default body to refer neophytes to.    RONR/12?

[Richard Brown]

1 hour ago, jstackpo said:

Where, if anywhere, does RONR explicitly state that if there are no vacancy-filling rules in the bylaws (and no "full power and authority" as on page 467) vacancies, other than the presidency, can only be filled by a special election by the full assembly? 

Page 468 and 575 both have sorta indirect statements (about giving notice to "the body") but don't specify what the "body" is as the no-filling-provisions default.

It would be nice if the book had such an explicit statement as to the default body to refer neophytes to.    RONR/12?

How about this language from the bottom of page 467 and the top of 468?  It seems pretty explicit to me.

Vacancies
The power to appoint or elect persons to any office or board carries with it the power to accept their resignations, and also the power to fill any vacancy occurring in it, unless the bylaws expressly provide otherwise. In the case of a society whose bylaws confer upon its executive board full power and authority over the society's affairs between meetings of the society's assembly (as in the example on p. 578, ll. 11–15) without reserving to the society itself the exclusive right to fill vacancies, the executive board is empowered to accept resignations and fill vacancies between meetings of the society's assembly. For particular vacancies, see page 457, lines 22–30 [page 468] (president-elect), page 458, lines 7–18, and page 575, lines 6–17 (president and vice-presidents). See also page 177 (vacancies in a committee).
Notice of filling a vacancy in an office (including a vacancy in an executive board or executive committee) must always be given to the members of the body that will elect the person to fill it, unless the bylaws or special rules of order clearly provide otherwise.

Edited to add:  Perhaps you are concerned that the quoted provision does not expressly say that an ELECTION must be held to fill the vacancy.  If that is your concern, then I agree that the quoted provision does not expressly require an election and seems to leave open the possibility that the vacancy could be filled by other means, such as a "motion to appoint John Smith as vice president".  

Interesting question.  Perhaps there is such an express provision somewhere else that I can't think of at the moment.

Edited again to add:  See my next post, immediately below, for more.

Edited July 6, 2019 at 01:03 PM by Richard Brown
Added last three paragraphs

[Richard Brown]

@jstackpo, perhaps the word "elect" in this line from the top of page 468 is the key:  " Notice of filling a vacancy in an office (including a vacancy in an executive board or executive committee) must always be given to the members of the body that will elect the person to fill it, unless the bylaws or special rules of order clearly provide otherwise."

The use of the word "elect" does seem to imply that there must be an election.

 

[jstackpo]

My main problem is with "body".  What body?

I suspect that "body" is used (rather than "assembly" or the like)  to include a "full power and authority" board, from p. 468.

But absent such a board...?

[Josh Martin]

25 minutes ago, jstackpo said:

My main problem is with "body".  What body?

The same body which elects the position in the first place.

“The power to appoint or elect persons to any office or board carries with it the power to accept their resignations, and also the power to fill any vacancy occurring in it, unless the bylaws expressly provide otherwise.“ (RONR, 11th ed., pg. 467)

So (barring a “full power and authority” board or provision on vacancies in the bylaws), if the society elects the position, the society fills the vacancy. If the board elects the position, the board fill the vacancy. If the President appoints the position, the President fills the vacancy. And so on.

[jstackpo]

OK, thanks  --  looks like that will do it.