replacing a resigned officer

[KimD]

Our association has an officer who is resigning (given the opportunity to do so) or will be forced to resign due to non-performance.  The vacancy will then be for the office of President-elect.  This person would normally be president next year while the VP moves to pres-elect. Normally our nominating committee recommends someone to fill the office of VP.  So simply put VP is voted in then the following year they move to Pres-elect then the year after to Presidency (We haven't had a situation where others were on the ballet for pres-elect and Pres.).  The board will be filling the pres-elect position with an interim then in January we will need to vote as a membership body to fill the position of president.  We have several ideas about this but are unsure about the right way to go forward.  Would it be appropriate for the current president to serve a second term (after vote approval)? or better for the VP to skip the pres-elect term and move to presidency?  If the current pres serves a second term then what about our position on the board of "immediate past president"? Could we get another past president to come back and serve on the board in that capacity?  and would they need to be voted into that position or assigned by the voted in president?

[Atul Kapur]

A lot of the answers to your questions will be found in or depend on the exact wording of your bylaws.

" The board will be filling the pres-elect position with an interim then in January we will need to vote as a membership body to fill the position of president."
Does the board have the authority in the bylaws to fill vacancies? Do your bylaws say what to do in the event that there is a vacancy in the office of president-elect?

" Would it be appropriate for the current president to serve a second term (after vote approval)? or better for the VP to skip the pres-elect term and move to presidency?"
Do your bylaws allow your president to serve more than one term? If so, then the decision on whom to choose is up to your association. And I don't see that it is necessarily limited to those two. I have my opinion on what would be the better option, but it's the opinion of your members that counts.

" If the current pres serves a second term then what about our position on the board of "immediate past president"?"
If your president serves a second term then you still have the same immediate-past-president who you had before. This position doesn't become a "president's free pick".

[Josh Martin]

12 hours ago, KimD said:

Our association has an officer who is resigning (given the opportunity to do so) or will be forced to resign due to non-performance.

Just to be clear, no one can be forced to resign. Resignation is a voluntary act. You certainly could remove this officer if he refuses to resign, but this would not be a resignation.

Removal may or may not be a simple procedure, depending on the wording in your bylaws regarding removal (or if they are silent regarding removal, the wording for the term of office). See FAQ #20.

12 hours ago, KimD said:

The board will be filling the pres-elect position with an interim then in January we will need to vote as a membership body to fill the position of president. 

Do your bylaws provide for this procedure?

12 hours ago, KimD said:

Would it be appropriate for the current president to serve a second term (after vote approval)? or better for the VP to skip the pres-elect term and move to presidency?

I think a careful review of the exact wording of the bylaws concerning the President, President-Elect, and Vice President will be necessary to determine what course(s) of action are appropriate.

12 hours ago, KimD said:

If the current pres serves a second term then what about our position on the board of "immediate past president"? Could we get another past president to come back and serve on the board in that capacity?  and would they need to be voted into that position or assigned by the voted in president?

The Immediate Past President, by definition, is the person who was President immediately prior to the current President. So if your current President continues to serve, so would your current Immediate Past President. Neither the President nor anyone else can choose some other Past President.