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Presiding President Predicament


Byron Baxter

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The term of office for President is 4 years or until a successor is elected. The current President has served 2 years.

The bylaws state that the president shall preside at all regular meetings. The bylaws provide for selecting a different presiding officer at special meetings, but those rarely occur.

The organization would like for the President to continue as President and perform all assigned duties except presiding at meetings.

Since the President serves as presiding officer by virtue of being elected President, the assembly could suspend the rules and remove the authority to preside for one session. The assembly wishes to suspend the right to preside for the remainder of the term while leaving all other duties in place. P 652-654 indicates that is not possible. Is there an alternative for the assembly?

 

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2 hours ago, Byron Baxter said:

Since the President serves as presiding officer by virtue of being elected President, the assembly could suspend the rules and remove the authority to preside for one session. The assembly wishes to suspend the right to preside for the remainder of the term while leaving all other duties in place. P 652-654 indicates that is not possible. Is there an alternative for the assembly?

Does the President agree with this plan? Additionally, who is it that the assembly wishes to preside in the assembly’s place? The Vice President, or someone else? If it is someone else, does the Vice President agree to this plan?

If the President (and the Vice President, if he is not the person presiding in the President’s place) agrees to this plan, a suspension of the rules is not necessary. The President may appoint a person to preside, which may be approved by the assembly by majority vote (rather than the 2/3 vote required to suspend the rules). This must be done at each meeting.

If the President or Vice President object to this, then it will be necessary to suspend the rules at each meeting.

In either case, action will need to be taken at each meeting unless and until the organization amends the bylaws.

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I agree with the comments by Mr. Martin and have a question for Mr. Baxter: What is the reason for wanting this change in procedure? Is it because this president either doesn’t particularly like presiding or isn’t a very skilled presiding officer, or is there some other reason for the change? I would be very cautious about adopting a bylaw change which is designed to deal with a situation which is only temporary.

Edited by Richard Brown
Corrected typo
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20 hours ago, Richard Brown said:

I agree with the comments by Mr. Martin and have a question for Mr. Baxter: What is the reason for wanting this change in procedure? Is it because this president either doesn’t particularly like presiding or isn’t a very skilled presiding officer, or is there some other reason for the change? I would be very cautious about adopting a bylaw change which is designed to deal with a situation which is only temporary.

The presiding officer does not want to be replaced. His lack of skill and unwillingness to study and improve have resulted in dysfunctional meetings and total lack of order. His election as president was the result of positive contributions to the society and general popularity. The society did not consider his ability to preside when electing him president. The society sees removing his authority to preside and having all other duties as president remain in place a compromise that would be in the best interest of all. Attendance at meetings has steadily declined over the past six months. 

20 hours ago, Josh Martin said:

Does the President agree with this plan? Additionally, who is it that the assembly wishes to preside in the assembly’s place? The Vice President, or someone else? If it is someone else, does the Vice President agree to this plan?

I

The Vice President has not attended the last three meetings. He has allocated his time to his young family rather than contentious meetings. This is a volunteer organization. 

The assembly has not identified another member to preside. I will forward that point to them. If they don't have a replacement(s) in mind, they would only be creating a vacuum which would be a worse situation than they currently have.

21 hours ago, Transpower said:

A professional presiding officer could be hired.  If the president and vice president do not object, the assembly, by majority vote, can adopt this arrangement for all or part of a session.  RONR(11th ed.), p. 453, ll. 32-35.

This would solve the problem.  Unfortunately there are large personalities and egos involved who would object.

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1 hour ago, Byron Baxter said:

The presiding officer does not want to be replaced. His lack of skill and unwillingness to study and improve have resulted in dysfunctional meetings and total lack of order. His election as president was the result of positive contributions to the society and general popularity. The society did not consider his ability to preside when electing him president. The society sees removing his authority to preside and having all other duties as president remain in place a compromise that would be in the best interest of all. Attendance at meetings has steadily declined over the past six months. 

Based on these additional facts, if the society wishes to proceed with its plan of keeping the President in office but having someone else preside, the only options are to suspend the rules at each meeting or to amend the bylaws.

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