Is this position an officer?

[David D.]

Assembly A (a student assembly) has the power to elect a certain number of representatives to assembly B (an assembly of assemblies at a university) with fixed terms. This position entails being a member of both assemblies A and B, each of which adopts Robert's Rules as their parliamentary authorities. While the bylaws of assembly A state that the position is elected by assembly A, it is silent on the method of filling vacancies. One of the representatives to assembly B has resigned, and the President of Assembly A must decide how to fill the vacancy for the remainder of the term.

Should this vacancy be filled according to the procedures for officer vacancies, despite not being named as such in the bylaws? If so, the assembly would choose to accept the resignation and elect a successor in the next regularly scheduled meeting. (RONR 47:57 refers to "any office or board," but these positions are called "representatives" and not 'officers.')

Thank you in advance.

[Josh Martin]

47 minutes ago, David D. said:

Assembly A (a student assembly) has the power to elect a certain number of representatives to assembly B (an assembly of assemblies at a university) with fixed terms. This position entails being a member of both assemblies A and B, each of which adopts Robert's Rules as their parliamentary authorities. While the bylaws of assembly A state that the position is elected by assembly A, it is silent on the method of filling vacancies. One of the representatives to assembly B has resigned, and the President of Assembly A must decide how to fill the vacancy for the remainder of the term.

Should this vacancy be filled according to the procedures for officer vacancies, despite not being named as such in the bylaws? If so, the assembly would choose to accept the resignation and elect a successor in the next regularly scheduled meeting. (RONR 47:57 refers to "any office or board," but these positions are called "representatives" and not 'officers.')

Thank you in advance.

Whether or not this position is ultimately considered to be an "officer," a vacancy in any position is filled by the same body which elects the position in the first place (unless the organization's rules provide otherwise), and the resignation must be accepted before it is effective. The only difference that it makes whether this is considered to be an "officer" position makes is whether notice is required to fill the vacancy. Whether this is considered to be an "officer" position will ultimately be for the assembly to answer.

"If a member who has accepted an office, committee assignment, or other duty finds that he is unable to perform it, he should submit his resignation. A resignation is submitted in writing, addressed to the secretary or appointing power; alternatively, it may be submitted during a meeting either orally or in writing. By submitting a resignation, the member is, in effect, requesting to be excused from a duty. The chair, on reading or announcing the resignation, can assume a motion “that the resignation be accepted.” RONR (12th ed.) 32:5

"A request to be excused from a duty essential to the functioning of a society or assembly is a question of privilege affecting the organization of the assembly; and so also is the filling of a vacancy created by the acceptance of a resignation. In such cases, the assembly can proceed immediately to fill the vacancy, unless notice is required or other provision for filling vacancies is made in the bylaws. In the case of a resignation from office, unless the bylaws provide otherwise, the assembly cannot proceed to fill the vacancy immediately since notice is a requirement." RONR (12th ed.) 32:7

I think I would lean toward it not being an officer position. These representatives seem comparable to electing a delegate to a convention, which is viewed as a type of committee.

"Prior to or during a convention, members of a delegation may need or wish to meet as a group to decide how they will act with reference to certain matters to come before the convention; a meeting of this kind is usually called a caucus. Unless instructed otherwise by its parent society or unit, such a caucus is governed by the rules of procedure applicable to committees (50), since the delegation is in effect a committee to represent and act at the convention for the constituent society or unit that chose it." RONR (12th ed.) 58:19

RONR is clear that vacancies in a committee are filled by the same body or person which appoints the committee in the first place.

"The power to appoint a committee includes the power to fill any vacancy that may arise in it. The resignation of a member of a committee should be addressed to the appointing power, and it is the responsibility of that power to fill the resulting vacancy (see also 47:57–58)." RONR (12th ed.) 13:23

Edited February 23, 2021 at 11:08 PM by Josh Martin

[Guest Puzzling]

I would lean towards the representative position  is an officers position.

Other than a convention the representative sits  (I presume) in a (permanent /standing) board of assembly  B  and is therefore an officer/boardmember of organization B. Also I presume organization A is  subject to the bylaws of organization B and therefore the representative is an officer  of organization A.

This all under the assumption that the assembly where the representative is placed in has power over organization B.

But I agree I made a lot of assumptions in the above. 

Also without previous notice it can be perceived that the board of assembly A wants to push somebody through. 

You may notify your members in advance of the  adoption of the resignation. So  the resignation and the election of a new representative can be in the same meeting. 

[David D.]

3 hours ago, Guest Puzzling said:

I would lean towards the representative position  is an officers position.

Other than a convention the representative sits  (I presume) in a (permanent /standing) board of assembly  B  and is therefore an officer/boardmember of organization B. Also I presume organization A is  subject to the bylaws of organization B and therefore the representative is an officer  of organization A.

In assembly B, the person is considered a member of the assembly but not an officer. Also, the bylaws of assembly B do not take precedence over assembly A. In a sense, the assemblies are supposed to have equal status. The bylaws of assembly B state that assembly A has the right to appoint a certain number of representatives by its own procedures. The bylaws of assembly A state that appointments are made by election (leaving the number of representatives to be determined by assembly B's bylaws).

For this reason, I'm leaning toward Josh's interpretation of them as delegates in a convention, since they are supposed to represent the interests of assembly A in a voting bloc, just like a caucus. However, I agree that prior notice ought to be given when possible, given the significance of this position.

Thank you.

[Richard Brown]

1 hour ago, David D. said:

. . .  I'm leaning toward Josh's interpretation of them as delegates in a convention, since they are supposed to represent the interests of assembly A in a voting bloc, just like a caucus.

As am I.  I do not see them as officers in assembly B. 

[Guest Puzzling]

I assumed that assembly A was governed by assembly B in some way. (Maybe even indirect) 

Still I think I did convince you to give notice of the election of a new representative, it is just better to give notice unnecessary and err on the side of openness.

As mentioned before the election can be announced before the acceptance of the resignation. 

You may even tell your members that they can wait with their nomination till the meeting. Do know that RONR says that a candidate is only elected if he gets a majority of the members present and voting , if the candidate with the most votes has no majority (less than half of the votes)  , RONR prescribes a new election.

 

 

[Atul Kapur]

2 hours ago, Guest Puzzling said:

if the candidate with the most votes has no majority (less than half of the votes)  , RONR prescribes a new election.

I think it's more accurate to say that RONR requires "repeated balloting until one candidate . . . attains a majority." (45:69)

"a new election" implies that there would be another opportunity for nominations. At least, it does to me.

[Richard Brown]

53 minutes ago, Atul Kapur said:

I think it's more accurate to say that RONR requires "repeated balloting until one candidate . . . attains a majority." (45:69)

"a new election" implies that there would be another opportunity for nominations. At least, it does to me.

I agree.