Resigning Officer allowed to vote for his replacement?

[Guest Mike Lubovich]

Today's date: February 17th, 2021

The vice president submitted his resignation to the Board on Feb 17th, with an effective date of April 1st, 2021.

Our Bylaws state that the board by simple majority will elect his replacement with 10 days notice (to the board of directors) of nominees.

Question: If the vote is held prior to his effective date of resignation (April 1st), does he get a vote in the appointment of his replacement?

[Atul Kapur]

Yes, he is the vice president until his resignation is effective.

[Weldon Merritt]

I was about to respond when Dr. Kapur beat me to the punch. I can't improve on his answer, so I will simply concur.

[Guest Larry Smith]

How can there be a vote on a vacancy that has not yet occurred? Wouldn't the vote need to occur after the resignation is final?

[Richard Brown]

11 minutes ago, Guest Larry Smith said:

How can there be a vote on a vacancy that has not yet occurred? Wouldn't the vote need to occur after the resignation is final?

It is commonly referred to as a “prospective vacancy”. Once a resignation is submitted and accepted, even though it has a future effective date, the resignation is deemed effective on the date specified and the assembly may proceed to fill the vacancy prior to the date the position actually becomes vacant. The person selected to fill the vacancy assumes office automatically when it becomes vacant.

[Richard Brown]

15 minutes ago, Guest Larry Smith said:

How can there be a vote on a vacancy that has not yet occurred? Wouldn't the vote need to occur after the resignation is final?

It is commonly referred to as a “prospective vacancy”. Once a resignation is submitted and accepted, even though it has a future effective date, the resignation is deemed effective on the date specified and the assembly may proceed to fill the vacancy prior to the date the position actually becomes vacant. The person selected to fill the vacancy assumes office automatically when it becomes vacant.

[Richard Brown]

Guest Larry,  it is pretty much the same way it is with regular elections. If the bylaws provide the terms of office expire on a certain date, the society does not have to wait until the incumbents are out of office to hold elections. The members may  and almost always do elect the successors  before the positions actually become vacant. 

[Larry Smith]

thank you very much for the help!