Vacant vs absent

[YCOPPAGE0802]

My President recently resigned does that make the 1st VP assume the role of president.

Our bylaws state in the absence of the president the 1st vp will over see meetings.

Unexpired terms of the President the nominating committee will recommend a member.

[George Mervosh]

Here is the rule in RONR:

" In case of the resignation or death of the president, the vice-president (if there is only one) or the first vice-president (if there are more than one) automatically becomes president for the unexpired term, unless the bylaws expressly provide otherwise for filling a vacancy in the office of president."  RONR (11th ed.), p. 458.

Your group will have to review its bylaws to determine if they expressly provide otherwise.

[YCOPPAGE0802]

Our bylaws state the VPs will preside over meetings in the absence of the President.

Concerning vacancies of unexpired terms of the president the nominating committee will make recommendation.  We do have a BODs.

 

[jstackpo]

35 minutes ago, YCOPPAGE0802 said:

Our bylaws state the VPs will preside over meetings in the absence of the President.

Concerning vacancies of unexpired terms of the president the nominating committee will make recommendation.  We do have a BODs.

"Recommendation to who[m]?  Do the the bylaws say what the recipients of the recommendation are to do about it?

Edited July 11, 2019 at 08:42 PM by jstackpo

[YCOPPAGE0802]

4 minutes ago, jstackpo said:

"Recommendation to who[m]?  Do the the bylaws say what the recipients of the recommendation are to do about it?

The nominating committee will make recommendations for a new president.  No the bylaws does not say.

[Weldon Merritt]

Based on what you have said so far, your erstwhile 1st VP is the president now, and the NC has nothing to say about it.  Likewise, all other VPs have now moverd one rung up the ladder, and the only vacancy you have is in the lowest-ranked VP position. Whether the NC has any role to play in filling that vacancy depends on your bylaws, which you have not quoted. (You have given us only a paraphrase.) 

[Gary Novosielski]

3 hours ago, YCOPPAGE0802 said:

The nominating committee will make recommendations for a new president.  No the bylaws does not say.

I'm thoroughly confused. If the bylaws do not say, then why would the nominating committee make recommendations?  

If the rules in RONR apply, the nominating committee would have no role in filling vacancies, the 1st VP became and is now president so there is no need for any recommendations for a new president, since you have one who will serve for the remainder of that term.  The former 2nd VP is now 1st VP, any other numbered VPs also shift by one posittion, and there is a vacancy in the last-VP position, which should be filled.

Even if your bylaws have general rules for filling vacancies, unless they contain special rules in the case of the president in particular, The way it works is as described above.

Absence is not the same as vacancy.

Edited July 12, 2019 at 12:28 AM by Gary Novosielski

[YCOPPAGE0802]

Sorry if my question was confusing...

Our bylaws state:

In absence of the president the 1vp will preside over meetings.

Unexpired termed vacancy of the president the nominating committee will make recommendations.

[jstackpo]

51 minutes ago, YCOPPAGE0802 said:

Unexpired termed vacancy of the president the nominating committee will make recommendations. 

Then what happens?

[YCOPPAGE0802]

We will vet the person according to our bylaws, then vote.

[jstackpo]

If "We" means the members attending a meeting called to elect someone to fill the vacancy, then you are doing just fine.

Since from what you said previously, the former V-P is now the president automatically, the vacancy you are filling is in the V-P position.

Edited July 12, 2019 at 02:38 PM by jstackpo

[Shmuel Gerber]

17 hours ago, Weldon Merritt said:

Based on what you have said so far, your erstwhile 1st VP is the president now, and the NC has nothing to say about it.  Likewise, all other VPs have now moverd one rung up the ladder, and the only vacancy you have is in the lowest-ranked VP position. Whether the NC has any role to play in filling that vacancy depends on your bylaws, which you have not quoted. (You have given us only a paraphrase.) 

 

1 hour ago, jstackpo said:

If "We" means the members attending a meeting called to elect someone to fill the vacancy, then you are doing just fine.

Since from what you said previously, the former V-P is now the president automatically, the vacancy you are filling is in the V-P position.

I don't see where you're getting the idea that the vacancy is in the office of vice president. The bylaws (if you can call them that) seem to explicitly provide some process for filling the office of president to the complete the unexpired term.

[jstackpo]

58 minutes ago, Shmuel Gerber said:

...seem to explicitly provide some process ...

Well, the bylaws say  something certainly:  "Unexpired termed vacancy of the president the nominating committee will make recommendations."  Is that a direct quotation?  Can't tell for sure.  Do they actually say that the membership will elect someone to fill the vacancy?

[Weldon Merritt]

10 hours ago, Shmuel Gerber said:

 

I don't see where you're getting the idea that the vacancy is in the office of vice president. The bylaws (if you can call them that) seem to explicitly provide some process for filling the office of president to the complete the unexpired term.

My previos response was based on what the OP had posted up to that point. Granted, the OP did say in the original post:

On 7/11/2019 at 12:42 PM, YCOPPAGE0802 said:

Unexpired terms of the President the nominating committee will recommend a member.

But that seemed to be a desription of the organization's custom, rather than a bylaws provison. If that is what the bylaws actually say, as seems to be the case based on the OP's later response, then I would agree that even though it is not very well written, it probably does mean that the VP doesn't move up, and there is an election for president. I would feel more confident, however, if I could be sure that the langauge is an actual quote, or at least an accurate paraphrase, and not just someone's interpretation of  the bylaws.